Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 10 April 2012

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee                                                                                                10 April 2012

 

 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee Meeting

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 10 April 2012 at 6pm.

 

 

Committee Members:           The Mayor (S Nash), Andrews, Belleli, Bowen, Hughes (Deputy Chairperson), Matson, Matthews, Notley-Smith, Procopiadis, Seng, Smith (Chairperson), Stevenson, Tracey, White and Woodsmith

 

Quorum:                           Eight (8) members

 

NOTE:    At the Extraordinary Meeting held on 28 September 2004, the Council resolved that the Planning Committee whose membership consists of all members of the Council be constituted as a committee with full delegation to determine matters on the agenda.

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 13 March 2012

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Planning Matters

In accordance with Section 375A of the Local Government Act, the General Manager is required to keep a register of Councilor voting on planning matters. Planning matters are any decisions made in the exercise of a function of a council under the EP&A Act and include decisions relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act. In addition, Randwick City Council has resolved (22 July 2008) that its register of voting include the voting on all tender matters.

 

Development Application Reports (record of voting required)

D26/12      11 Monmouth Street, Randwick (DA/410/2011) DEFERRED

D27/12      10/311-313 Maroubra Road, Maroubra (DA/55/2012)

D28/12      215 Anzac Parade, Kensington (DA/908/2011)

D29/12      212 Arden Street, Coogee (DA/1001/2011)

D30/12      22 Alexandria Parade, South Coogee (DA/24/2012)

D31/12      5 Severn Street, Maroubra (DA/885/2011)

D32/12      11 Canara Avenue, Phillip Bay (DA/83/2012)

D33/12      9 Boomerang Street, Maroubra (DA/4/2012)

D34/12      36 Dampier Street, Chifley (DA/937/2011)

D35/12      2 Coast Hospital Road, Little Bay (DA/129/2012)

Miscellaneous Reports

Nil   

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee                                                                                                10 April 2012

 

 

Development Application Report No. D26/12

 

 

Subject:                  11 Monmouth Street, Randwick (DA/410/2011)

Folder No:                   DA/410/2011

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

Introduction

 

The application was reported to Council at its Ordinary Council Meeting held on 28 February 2012. At the meeting it was resolved:

 

‘(Smith/White) that:

 

a)     this matter be deferred for the applicant to consider the submission of amended plans which include the rear building line of the upper floor having a rear setback of approximately 15.6 metres to the eastern boundary, consistent with the existing upper floor additions of number 13 and number 7 Monmouth Street and the northern side balcony being deleted; and

 

b)     an invitation be extended to the applicant and objectors to enter into mediation.’

 

Issues

 

The applicant has advised Council that he did not wish to have a formal mediation and instead has been in discussions with the neighbouring residents. The discussions have not lead to a resolution of the issues in dispute and as such the applicant has requested that Council determine the application in its current form.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4          Excellence in urban design and development.

Direction 4A:       Improved design and sustainability across all development.

Direction 4B:        New and existing development is managed by a robust framework.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/410/2011 for demolition of the existing structures and construction of a two storey dwelling with part basement level garage and storage and associated works at 11 Monmouth Street, Randwick subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

 

GENERAL CONDITIONS

The development must be carried out in accordance with the following conditions of consent.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of environmental amenity.

 

Approved Plans & Supporting Documentation

1.       The development must be implemented substantially in accordance with the plans and supporting documentation listed below and endorsed with Council’s approved stamp, except where amended by Council in red and/or by other conditions of this consent:

 

Plan

Drawn by

Dated

Received

A01 (Issue No. B)

 

24/01/2012

24 January 2012

A02 (Issue No. D)

Anna Vaughan Architects

8/02/2012

8 February 2012

A03 (Issue No. C)

24/01/2012

24 January 2012

A04 (Issue No. D)

8/02/2012

8 February 2012

A05 (Issue No. C)

24/01/2012

24 January 2012

A06 (Issue No. B)

24/01/2012

24 January 2012

AR07

10/2/2012

10 February 2012

 

BASIX Certificate

No.

Dated

Received

 

379577S_03

24 January 2012

24 January 2012

 

Amendment of Plans & Documentation

2.       The approved plans and documents must be amended in accordance with the following requirements:

 

a.   The height of the rear skillion/flat roof portions of the dwelling house shall be reduced by 800mm. Details of compliance are to be submitted to and approved by Council’s Director City Planning. 

 

b.   The north facing windows to the main bedroom must have a minimum sill height of 1.5m above floor level, or the windows must be fixed and be provided with translucent, obscured, frosted or sandblasted glazing below this specified height, or alternatively, the external lourves proposed must extend the full width of the windows. The depth of the screens must have a minimum height of 1.5m above floor level and are to be fixed in an up ward angle to prevent overlooking. Details of compliance are to be submitted to and approve by Council’s Director City Planning.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

The following conditions of consent must be complied with before a ‘Construction Certificate’ is issued by either Randwick City Council or an Accredited Certifier.  All necessary information to demonstrate compliance with the following conditions of consent must be included in the documentation for the construction certificate.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent conditions and to achieve reasonable levels of environmental amenity.


 

Consent Requirements

3.       The requirements and amendments detailed in the ‘General Conditions’ must be complied with and be included in the construction certificate plans and associated documentation.

 

External Colours, Materials & Finishes

4.       The colours, materials and finishes of the external surfaces to the building are to be compatible with the existing building and surrounding buildings in the heritage conservation area and consistent with the architectural style of the building.  Details of the proposed colours, materials and textures (i.e.- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

Section 94A Development Contributions

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $903,292, the following applicable monetary levy must be paid to Council: $9032.92.

       

The levy must be paid in cash, bank cheque or by credit card prior to a construction certificate being issued for the proposed development.  The development is subject to an index to reflect quarterly variations in the Consumer Price Index (CPI) from the date of Council’s determination to the date of payment.

 

Council’s Section 94A Development Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick or at www.randwick.nsw.gov.au.

 

Long Service Levy Payments

6.       The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, must be forwarded to the Long Service Levy Corporation or the Council, in accordance with Section 109F of the Environmental Planning & Assessment Act 1979.

 

At the time of this development consent, Long Service Levy payment is applicable on building work having a value of $25,000 or more, at the rate of 0.35% of the cost of the works.

 

Security Deposit

7.       The following damage / civil works security deposit requirement must be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to the roadway, footway, verge or any public place; and as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

·           $1000.00    -      Damage / Civil Works Security Deposit

 

The damage/civil works security deposit may be provided by way of a cash, cheque or credit card payment and is refundable upon a satisfactory inspection by Council upon the completion of the civil works which confirms that there has been no damage to Council's infrastructure.

 

The owner/builder is also requested to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

To obtain a refund of relevant deposits, a Security Deposit Refund Form is to be forwarded to Council’s Director of City Services upon issuing of an occupation certificate or completion of the civil works.

 

Design Alignment levels

8.       The design alignment level (the finished level of concrete, paving or the like) at the property boundary for driveways, access ramps and pathways or the like, must match the back of the existing footpath along the full site frontage.

 

The design alignment level/s at the property boundary as issued by Council and their relationship to the footpath must be indicated on the building plans for the construction certificate (a construction note on the plans is considered satisfactory). The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

9.       The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $561.00 calculated at $46.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Driveway Design

10.     The gradient of the internal access driveway must be designed and constructed in accordance with AS 2890.1 (2004) – Off Street Car Parking and the levels of the driveway must match the alignment levels at the property boundary (as specified by Council). Details of compliance are to be included in the construction certificate.

 

Sydney Water

11.     Prior to the issuing of a construction certificate the approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect any Sydney Water asset’s sewer and water mains, stormwater drains and/or easement, and if further requirements need to be met. Plans will be appropriately stamped.

 

         Please refer to the web site www.sydneywater.com.au for Quick Check agent details and Guidelines for Building Over/Adjacent to Sydney Water Assets.

 

Stormwater Drainage

12.     Prior to the issue of a construction certificate detailed drainage plans shall be prepared by a suitably qualified hydraulic engineer and submitted to and approved by the certifying authority. A copy of the plans shall be forwarded to Council, if Council is not the certifying authority. The drainage plans must demonstrate compliance with Australian Standard 3500.3:2003 (Plumbing and Drainage - Stormwater Drainage) except as varied by the conditions of this development approval.

 

13.     Generally all site stormwater shall be piped to a sediment/silt arrester pit that drains to an infiltration area with a minimum 5 m2 base area. An overflow pipe shall be provided from the silt arrestor pit to drain to Council's kerb and gutter.

 

NOTES:

a.       The sediment/silt arrestor pit shall be constructed:-

(i)   within the site at or near the street boundary.

(ii)   with a child proof and corrosion resistant fastening system (e.g. spring loaded jay-bolt).

(iii)  with a minimum of 4 x 90 mm diameter weep holes (preferably located in the walls of the pit at the floor level) and with a suitable geotextile material with a high filtration rating located around the weep holes.

(iv)  with the pit floor being a minimum 300mm below the invert level of the outlet pipelines.

(v)  with a galvanised heavy duty screen (Lysaght RH3030 Maximesh`01

(vi)  or similar) located over the outlet pipes draining to the infiltration pit and the kerb. (Similar to a Mascot GRC stormwater discharge control pit, product code DS3SDC).

 

b.       The infiltration/rubble pit shall:-

i.   have a minimum 300 mm of soil cover (600 mm where the pit is located under a garden/landscaping area).

ii.   be located a minimum of 3.0 metres from the dwelling or other structure (closer if a structural engineer certifies that the infiltration area will not adversely affect the structure) and 2.1 metres from the adjacent side or rear boundaries.

iii.  be constructed with a minimum 200 mm thick layer of 20 mm basalt/blue metal (or similar) that is wrapped in a suitable geotextile material covering with a high filtration rating (Geofabrics Bidim "A" range of filtration fabrics or equivalent). A suitable means of dispersing the stormwater over the area of infiltration is to be constructed. Other equivalent methods of infiltration may be adopted.

iv.  have a minimum base area of  5.0 square metres (m2).

NOTE: The outlet from the silt arrestor pit to the infiltration area shall be located at least 50 mm below the outlet from the silt arrestor pit to the kerb and gutter.

 

c.       The requirement for an infiltration/rubble pit will not be enforced should the underground soil conditions preclude the construction of the infiltration pit (eg rock is located within 300 mm of the base of the infiltration area). If the infiltration/rubble pit is not constructed then all site stormwater shall be discharged to the kerb and gutter via a sediment/silt arrestor pit (as detailed in note a. above).

 

 All works shall be to the satisfaction of the certifying authority.

 

d.       The overflow pipe/s from the rainwater tank/s shall be directed into the infiltration area.

 

14.     Site seepage and sub-soil drainage (from planter boxes etc) must comply with the following requirements:

 

a)    Seepage/ground water and subsoil drainage (from planter boxes etc) must not be collected & discharged directly or indirectly to  Council’s street gutter or underground drainage system

 

b)    Adequate provision is to be made for the ground water to drain around the basement garage (to ensure it will not dam or slow the movement of the ground water through the development site).

 

c)    The walls of the basement level/s of the building are to be waterproofed/tanked to restrict the entry of any seepage water and subsoil drainage into the basement level/s of the building and the stormwater drainage system for the development.

 

 

d)    Sub-soil drainage systems may discharge via infiltration subject to the hydraulic consultant/engineer being satisfied that the site and soil conditions are suitable and the seepage is able to be fully managed within the site, without causing a nuisance to any premises and ensuring that it does not drain or discharge (directly or indirectly) to the street gutter.

               

e)    Details of the proposed stormwater drainage system including methods of tanking/waterproofing the basement level/s and any sub-soil drainage systems (as applicable) must be prepared or approved by a suitably qualified and experienced Professional Engineer to the satisfaction of the Certifying Authority and details are to be included in the construction certificate.

 

            Protection of Street Tree

15.     In order to ensure retention of the Lophostemon confertus (Brush Box) located on Council’s Monmouth Street verge, to the north of the existing/proposed vehicle crossing, in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the Construction Certificate application must show the retention of this street tree, with the position and diameter of both its trunk and canopy to be clearly and accurately shown on all drawings.

 

b.       Any excavations for the northern edge of the proposed vehicle crossing must be setback a minimum distance of 1600m from its trunk, measured off its outside edge at ground level, as has been shown on the submitted plan, A06, issue B, dated 24.01.12, with the PCA to confirm compliance with this requirement, prior to issuing a Final Occupation Certificate.

 

c.       Removal of the existing vehicle crossing must be performed carefully so as to avoid the indiscriminate damage of roots, with the finished ground levels surrounding its trunk to be graded smoothly and evenly upon completion, similar to existing levels/grades.

 

d.       Any excavations associated with the installation of new services, pipes, stormwater systems or similar over public property must be located along either of the sites side boundaries only.

 

e.       This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located a minimum distance of 1.5 metres to its north and south (measured off the outside edge of its trunk at ground level), as well as matching up with the back of the kerb to its west, and pedestrian footpath to its east, in order to completely enclose this tree for the duration of works.

 

f.        This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed, to which signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION ZONE (TPZ), DO NOT REMOVE/ENTER".

 

g.       The applicant is not authorised to perform any works to this street tree, and shall contact Council’s Landscape Development Officer on 9399-0613 should pruning or any similar such work appear necessary. The applicant will be required to cover all associated costs with such work if needed, to Council’s satisfaction, and prior to the issue of a Final Occupation Certificate.

 

h.       Within the TPZ described in point ‘e’ above, there is to be no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble, with all Site Management Plans needing to acknowledge these requirements.

 

i.        Any roots encountered during the course of the approved works must be cut cleanly by hand, with the affected area to be backfilled with clean site soil as soon as practically possible.

 

j.        A refundable deposit in the form of cash, credit card or cheque for an amount of $2,500.00 must be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of the tree.

 

The refundable deposit will be eligible for refund following the issue of a Final Occupation Certificate, subject to completion and submission of Council’s ‘Security Deposit Refund Application Form’, and pending a satisfactory inspection by Council’s Landscape Development Officer (9399-0613).

 

Any contravention of Council's conditions relating to the tree at any time during the course of the works, or prior to the issue of a final occupation certificate, may result in Council claiming all or part of the lodged security in order to perform any rectification works necessary, as per the requirements of 80A (6) of the Environmental Planning and Assessment Act 1979.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

The requirements contained in the following conditions of consent must be complied with and details of compliance must be included in the construction certificate for the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Councils development consent conditions and to achieve reasonable levels of environmental amenity.

 

Compliance with the Building Code of Australia

16.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that all building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA).  Details of compliance with the BCA are to be included in the construction certificate application.

 

Smoke Alarms

17.     Smoke alarms are required to be installed in accordance with the relevant provisions of the Building Code of Australia (volume 2) and smoke alarms must comply with AS3786.  Smoke alarms must be connected to the consumer mains electric power supply and provided with a battery back-up.  Details of compliance are to be included in the construction certificate.

 

 

BASIX Requirements

18.     In accordance with section 80A(11) of the Environmental Planning & Assessment Act 1979 and clause 97A of the Environmental Planning & Assessment Regulation 2000, the requirements and commitments contained in the relevant BASIX Certificate must be complied with.

 

The required commitments listed and identified in the BASIX Certificate must be included on the construction certificate plans, specifications and associated documentation, to the satisfaction of the Certifying Authority.

 

The design of the building must not be inconsistent with the development consent and any proposed variations to the building to achieve the BASIX commitments may necessitate a new development consent or amendment to the existing consent to be obtained, prior to a construction certificate being issued.

 

Stormwater Drainage

19.     A surface water/stormwater drainage system must be provided in accordance with the following requirements, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate:-

 

a)     Surface water/stormwater drainage systems must be provided in accordance with the relevant provisions of the Building Code of Australia (Volume 2) and relevant Standards;

 

b)     The surface water/stormwater must be drained and discharged to the street gutter or, subject to site suitability, the stormwater may be drained to a suitably designed absorption pit;

 

c)     Any absorption pits or soaker wells should be located not less than 3m from any adjoining premises and the stormwater must not be directed to any adjoining premises or cause a nuisance;

 

d)     External paths and ground surfaces are to be constructed at appropriate levels and be graded and drained away from the building and adjoining premises, so as not to result in the entry of water into the building, or cause a nuisance or damage to the adjoining premises;

 

e)     Details of any proposed drainage systems or works to be carried out in the road, footpath or nature strip must be submitted to and approved by Council before commencing these works:

 

f)      A certificate, from a suitably qualified person must be submitted to the PCA and Council, prior to the issue of an Occupation Certificate, which confirms that the stormwater drainage system has been provided in accordance with the requirements of this consent, relevant standards and requirements.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The necessary documentation and information must be provided to the Council or the ‘Principal Certifying Authority’, as applicable.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity.

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

20.     Prior to the commencement of any building works, the following requirements must be complied with:

 

a)     a Construction Certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979.

 

A copy of the construction certificate, the approved development consent plans and consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.

 

b)     a Principal Certifying Authority (PCA) must be appointed to carry out the necessary building inspections and to issue an occupation certificate; and

 

c)     a principal contractor must be appointed for the building work, or in relation to residential building work, an owner-builder permit may be obtained in accordance with the requirements of the Home Building Act 1989, and the PCA and Council are to be notified accordingly; and

 

d)     the principal contractor must be advised of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority; and

 

e)     at least two days notice must be given to the Council, in writing, prior to commencing any works.

 

Home Building Act 1989

21.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, the requirements of the Home Building Act 1989 must be complied with.

 

Details of the Licensed Building Contractor and a copy of the relevant Certificate of Home Warranty Insurance or a copy of the Owner-Builder Permit (as applicable) must be provided to the Principal Certifying Authority and Council.

 

Dilapidation Reports

22.     A dilapidation report prepared by a professional engineer, building surveyor or other suitably qualified independent person must be submitted to the satisfaction of the Principal Certifying Authority prior to commencement of any demolition, excavation or building works, in the following cases:

 

·        excavations for new dwellings, additions to dwellings, swimming pools or the like which are proposed to be located within the zone of influence of the footings of any dwelling, associated garage or other substantial structure located upon an adjoining  premises,

·        new dwellings or additions to dwellings sited up to shared property boundaries (e.g.  additions to a semi-detached dwelling or terraced dwellings),

·        excavations for new dwellings, additions to dwellings, swimming pools or the like which are within rock and may result in vibration and or potential damage to any dwelling, associated garage or other substantial structure located upon an adjoining  premises,

 

·            as otherwise may be required by the Principal Certifying Authority.

 

The report (including photographs) is required to detail the current condition and status of any dwelling, associated garage or other substantial structure located upon the adjoining premises.  A copy of the dilapidation report is to be given to the owners of the premises encompassed in the report/s before commencing any works.

 

Construction Noise & Vibration Management Plan

23.     Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant requirements of the Protection of the Environment Operations Act 1997 and NSW DECC Guidelines must be satisfied at all times.

 

Noise and vibration from any rock excavation machinery, pile drivers and all plant and equipment must be minimised, by using appropriate plant and equipment, silencers and the implementation of noise management strategies.

 

A Construction Noise Management Plan, prepared in accordance with the NSW DECC Construction Noise Guideline by a suitably qualified person, is to be implemented throughout the works, to the satisfaction of the Council.  A copy of the strategy must be provided to the Principal Certifying Authority and Council prior to the commencement of works on site.

 

Temporary Site Fencing

24.     Temporary site safety fencing must be provided to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres). 

 

Temporary site fences are to have a height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

Temporary site fences are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

Temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

If it is proposed to locate any site fencing, hoardings, amenities or articles upon any part of the footpath, nature strip or public place at any time, a Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services before placing any item or article on the road, footpath or nature strip.

 

Construction Site Management

25.     A Construction Site Management Plan must be developed and implemented prior to the commencement of any works. The construction site management plan must include the following measures, as applicable to the type of development:

 

·            location and construction of protective fencing / hoardings to the perimeter of the site;

·            location of site storage areas/sheds/equipment;

·            location of building materials for construction;

·            provisions for public safety;

·            dust control measures;

·            site access location and construction

·            details of methods of disposal of demolition materials;

·            protective measures for tree preservation;

·            provisions for temporary sanitary facilities;

·            location and size of waste containers/bulk bins;

·            details of proposed sediment and erosion control measures;

·            provisions for temporary stormwater drainage;

·            construction noise and vibration management;

·            construction traffic management details.

 

The site management measures must be implemented prior to the commencement of any site works and be maintained throughout the works, to the satisfaction of Council.

 

A copy of the Construction Site Management Plan must be provided to the Principal Certifying Authority and Council prior to commencing site works.  A copy must also be maintained on site and be made available to Council officers upon request.

 

Demolition Work Plan

26.     A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures and relevant environmental/occupational health and safety requirements.

 

The Demolition Work Plan must include the following information (as applicable):

·                 The name, address, contact details and licence number of the Demolisher /Asbestos Removal Contractor

·                 Details of hazardous materials (including asbestos)

·                 Method/s of demolition (including removal of any asbestos)

·                 Measures and processes to be implemented to ensure the health & safety of workers and community

·                 Measures to be implemented to minimise any airborne dust and asbestos

·                 Methods and location of disposal of any hazardous materials (including asbestos)

·                 Other relevant details, measures and requirements to be implemented

·                 Date the demolition works will commence

 

The Demolition Work Plan must be submitted to the Principal Certifying Authority (PCA), not less than two (2) working days before commencing any demolition work.  A copy of the Demolition Work Plan must be maintained on site and be made available to Council officers upon request.

 

If the work involves asbestos products or materials, a copy of the Demolition Work Plan must also be provided to Council not less than 2 days before commencing those works.

 

Notes

§  It is the responsibility of the persons undertaking demolition work to obtain the relevant WorkCover licences and permits.

§  Refer to the conditions within the “Requirements During Construction & Site Work”, for further details and requirements relating to demolition work, removal of any asbestos and public safety.

 

Demolition & Construction Waste

27.     A Demolition and Construction Waste Management Plan (WMP) must be development and implemented for the development.

 

The Waste Management Plan must provide details of the type and quantities of demolition and construction waste materials, proposed re-use and recycling of materials, methods of disposal and details of recycling outlets and land fill sites.

 

Where practicable waste materials must be re-used or recycled, rather than disposed and further details of Council's requirements including relevant guidelines and pro-forma WMP forms can be obtained from Council's Customer Service Centre or by telephoning Council on 9399 0999.

 

Details and receipts verifying the recycling and disposal of materials must be kept on site at all times and presented to Council officers upon request.

 

Sydney Water

28.     All building, plumbing and drainage work must be carried out in accordance with the requirements of the Sydney Water Corporation.

 

Prior to the commencement of excavation or building works, the approved Construction Certificate plans must be submitted to a Sydney Water Quick Check agent or Customer Centre, to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if any further requirements need to be met. 

 

If suitable, the plans will be appropriately stamped.  For Quick Check agent details please refer to Sydney Water’s web site at www.sydneywater.com.au and go to the Building, Developing and Plumbing, then Quick Check or Building and Renovating or telephone 13 20 92.

 

The principal certifying authority must ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before commencing works.

 

Demolition & Construction Waste

29.     A Demolition and Construction Waste Management Plan (WMP) must be development and implemented for the development, to the satisfaction of Council.

 

The Waste Management Plan must provide details of the type and quantities of demolition and construction waste materials, proposed re-use and recycling of materials, methods of disposal and details of recycling outlets and land fill sites.

 

Where practicable waste materials must be re-used or recycled, rather than disposed and further details of Council's requirements including relevant guidelines and pro-forma WMP forms can be obtained from Council's Customer Service Centre or by telephoning Council on 9399 0999.

 

Details and receipts verifying the recycling and disposal of materials must be kept on site at all times and presented to Council officers upon request.

 

Public Utilities

30.     A Public Utility Impact Assessment must be carried out to identify all public utility services located on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the building works.

 

Documentary evidence from the relevant public utility authorities confirming that their requirements have been or are able to be satisfied, must be submitted to the Principal Certifying Authority prior to the commencement of any works.

 

The owner/builder must make the necessary arrangements and meet the full cost for telecommunication companies, gas providers, Energy Australia, Sydney Water and other authorities to adjust, repair or relocate their services as required.

 

 

Landscaping

31.     A landscape plan prepared by a qualified professional in the Landscape/Horticultural industry (must be a registered member of either AILDM or AILA) shall be submitted to, and be approved by, the PCA, prior to the commencement of works, and must detail the following:

 

a)       A Planting Plan & Plant Schedule which includes proposed species, botanic and common names, pot size at the time of planting, quantity, location, dimensions at maturity and any other landscape details in order to describe the proposed works;

 

b)       A predominance of species that are not dependant on high rates of moisture and fertiliser for survival;

 

c)       At least 1 x 25 litre (pot size at the time of planting) tree within the site, selecting a feature species that will attain a minimum height of between 4-7 metres at maturity;

 

d)       Decorative treatment throughout the front portion, within those garden areas surrounding the proposed garage, so as to assist with presentation of the site, and will including cascading, spill-over type plants in the podium planter fronting the street, and which must have a minimum soil depth and width of 600mm.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

The following conditions of consent must be complied with during the demolition, excavation and construction of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity during construction.

 

Inspections During Construction

32.     The building works must be inspected by the Principal Certifying Authority, in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

The Principal Certifying Authority must specify the relevant stages of construction to be inspected and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

Site Signage

33.     A sign must be erected and maintained in a prominent position on the site for the duration of the works, which contains the following details:

 

·        name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable)

·        name, address and telephone number of the Principal Certifying Authority,

·        a statement stating that “unauthorised entry to the work site is prohibited”.

 

Restriction on Working Hours

34.     Building, demolition and associated site works must be carried out in accordance with the following requirements:

 

Activity

Permitted working hours

All building, demolition and site work, including site deliveries (except as detailed below)

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

 

Excavating of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

An application to vary the abovementioned hours may be submitted to Council’s Manager Health, Building & Regulatory Services for consideration and approval to vary the specified hours may be granted in exceptional circumstances and for limited occasions (e.g. for public safety, traffic management or road safety reasons).  Any applications are to be made on the standard application form and include payment of the relevant fees and supporting information.  Applications must be made at least 10 days prior to the date of the proposed work and the prior written approval of Council must be obtained to vary the standard permitted working hours.

 

Demolition Work Requirements

35.     All work and activities must be carried out in accordance with the relevant regulatory requirements and Randwick City Council policies, including:

 

·           Occupational Health & Safety Act 2000 & Regulations

·           WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·           WorkCover NSW Guidelines and Codes of Practice

·           Australian Standard 2601 (2001) – Demolition of Structures

·           The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 2005

·           Relevant DECCW/EPA Guidelines

·           Randwick City Council Asbestos Policy

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development section or a copy can be obtained from Council’s Customer Service Centre.

 


Removal of Asbestos Materials

36.     Work involving the demolition, storage or disposal of asbestos products and materials must be carried out in accordance with the following requirements:

 

·        Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·        Randwick City Council’s Asbestos Policy

 

·        A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation).  Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.  A copy of the relevant licence must be provided to the Principal Certifying Authority.

 

·        On sites involving the removal of asbestos, a sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and include details of the licensed contractor.

 

·        Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2005.  Details of the landfill site (which must be lawfully able to receive asbestos materials) must be provided to the Principal Certifying Authority.

 

·        A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council and the Principal certifying authority upon completion of the asbestos related works which confirms that the asbestos material have been removed appropriately and the relevant conditions of consent have been satisfied.

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development Section or a copy can be obtained from Council’s Customer Service Centre.

 

Sediment & Erosion Control

37.     Sediment and erosion control measures, must be implemented throughout the site works in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to Council’s satisfaction.

 

Details must be shown in a Sediment and Erosion Control Plan, including; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment, methods of sediment control, details of drainage systems and details of existing and proposed vegetation.

 

A copy of the Sediment and Erosion Control Plan must be provided to the Principal Certifying Authority and a copy must be maintained on site and be made available to Council officers upon request.

 

Public Safety & Site Management

38.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be complied with:

 

·          Building materials, sand, soil, waste materials, construction equipment or other articles must not be placed upon the footpath, roadway or nature strip at any time.

 

·          The road, footpath, vehicular crossing and nature strip must be maintained in a good, safe, clean condition and free from any excavations, obstructions, trip hazards, goods, materials, soils or debris at all times.  Any damage caused to the road, footway, vehicular crossing, nature strip or any public place must be repaired immediately, to the satisfaction of Council.

 

·          Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

·          Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council.  Applications to place a waste container in a public place can be made to Council’s Health, Building and Regulatory Services department.

 

·          Temporary safety fencing is to be provided to any swimming pools under construction, pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

Support of Adjoining Land, Excavations & Retaining Walls

39.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 E of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that the adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

40.     All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations must be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

Retaining walls, shoring or piling must be provided to support land which is excavated in association with the erection or demolition of a building, to prevent the movement of soil and to support the adjacent land and buildings, if the soil conditions require it.  Adequate provisions are also to be made for drainage.

 

Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

41.     Prior to undertaking any demolition, excavation or building work in the following circumstances, a report must be obtained from a professional engineer which details the methods of support for the dwelling or associated structure on the adjoining land, to the satisfaction of the Principal Certifying Authority:

 

·      when undertaking excavation or building work within the zone of influence of the footings of a dwelling or associated structure that is located on the adjoining land;

·      when undertaking demolition work to a wall of a dwelling that is built to a common or shared boundary (eg. semi-detached or terrace dwelling);

·      when constructing a wall to a dwelling or associated structure that is located within 900mm of a dwelling located on the adjoining land.

 

The demolition, excavation and building work and the provision of support to the dwelling or associated structure on the adjoining land, must also be carried out in accordance with the abovementioned report, to the satisfaction of the Principal Certifying Authority.

 

Survey Requirements

42.     A Registered Surveyor’s check survey certificate or other suitable documentation must be obtained at the following stage/s of construction to demonstrate compliance with the approved setbacks, levels, layout and height of the building to the satisfaction of the Principal Certifying Authority (PCA):

 

·           prior to construction (pouring of concrete) of the footings or first completed floor slab,

·           upon completion of the building, prior to issuing an occupation certificate,

·           as otherwise may be required by the PCA.

 

The survey documentation must be forwarded to the Principal Certifying Authority and a copy is to be forwarded to the Council, if the Council is not the Principal Certifying Authority for the development.  

 

Building Encroachments

43.     There must be no encroachment of any structures or building work onto Council’s road reserve, footway, nature strip or public place.

 

Site Amenities

44.     Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, to the satisfaction of WorkCover NSW and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

Road/Asset Opening Permit

45.     A Road/Asset Opening Permit must be obtained from Council prior to commencing any excavations or works within or upon a road, footpath, nature strip or in any public place, in accordance with section 138 of the Roads Act 1993 and all of the conditions and requirements contained in the Road / Asset Opening Permit must be complied with.

 

For further information, please contact Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

Tree Management

46.     With the exception of the large Gum Tree growing on the rear (eastern) boundary, halfway across the width of the site, no objections are raised to the removal of any other existing vegetation within the site, due to their small size and insignificance, as well as to accommodate the proposed works as shown, subject to full implementation of the approved landscaping.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’.

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health, safety and amenity.

 

Occupation Certificate Requirements

47.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 


An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The relevant requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

BASIX Requirements

48.     In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue an Occupation Certificate for this development, unless it is satisfied that each of the required BASIX commitments have been fulfilled.

 

Relevant documentary evidence of compliance with the BASIX commitments is to be forwarded to the Council upon issuing an Occupation Certificate.

 

Occupant Safety

49.     Openable windows to a room, corridor, stairway or the like with a floor level more than 4m above the external ground/surface level, must be designed and constructed to reduce the likelihood of a child accessing and falling through the window opening.

 

Options may include one or more of the following measures:

 

·           The window having a minimum sill height of 1.5m above the internal floor level,

·           Providing a window locking device at least 1.5m above the internal floor level,

·           Fixing or securing the window (e.g. by screws or a window locking device) to restrict or to be able to secure the extent of the opening to a maximum width of 125mm,

·           Installing a fixed heavy-duty gauge metal screen over the opening (e.g. A metal security screen or metal security mesh and frame system, but not standard fly-screen material),

·           Other appropriate effective safety measures or barrier.

 

The relevant measures must be implemented prior to issue of an occupation certificate.

 

 

Swimming Pool Safety

50.     Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926.1 - 2007.

 

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

A ‘warning notice’ must be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

 


Swimming Pool Requirements

51.     Swimming pools are to be designed, installed and operated in accordance with the following general requirements:

 

a)     Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation; and

 

b)     All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises; and

                 

c)     Water recirculation and filtrations systems are required to comply with AS 1926.3 – 2003:  Swimming Pool Safety – Water Recirculation and Filtration Systems; and

 

d)     Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

Notification of Swimming Pools

52.     Written notification must be provided to Council advising of the installation and completion of the Swimming Pool, to satisfy the requirements of the Swimming Pools Act 1992.

 

Council’s “Notification & Registration of a Swimming Pool” form must be completed and forwarded to Council prior to any Occupation Certificate being issued for the pool.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

53.     Prior to the issuing of an occupation certificate the applicant must meet the full cost for Council or a Council approved contractor to:

 

a)       Construct concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

 

Note: The northern edge of the concrete vehicular crossing is to be no closer than 1.60m from the outside edge of the trunk of the Council street tree ( see submitted plan Dwg No A06 Issue B dated 24.01.12 and also Street Tree Protection condition)

 

b)       Remove the redundant concrete vehicular crossing and layback and to reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification.

 

54.     The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

55.     All external civil work to be carried out on Council property (including the installation and repair of roads, footpaths, vehicular crossings, kerb and guttering and drainage works), must be carried out in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works" and the following requirements:

 

a)     All work on Council land must be carried out by Council, unless specific written approval has been obtained from Council to use non-Council contractors.

 

b)     Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to issuing an occupation certificate, together with payment of the relevant fees.

 

c)     If it is proposed to use non-Council contractors to carry out the civil works on Council land, the work must not commence until the written approval has been obtained from Council and the work must be carried out in accordance with the conditions of consent, Council’s design details and payment of a Council design and supervision fee.

 

d)     The civil works must be completed in accordance with Council’s conditions of consent and approved design and construction documentation, prior to occupation of the development, or as otherwise approved by Council in writing.

 

56.     The PCA must ensure that the landscaping is installed in accordance with the approved plan and relevant conditions of consent, prior to the issue of a Final Occupation Certificate, with the owner to maintain it in a healthy and vigorous state until maturity.

 

57.     The nature-strip upon Council's footway shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu Turf or similar. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

Stormwater Drainage

58.     Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with Australian Standard 3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and the conditions of this development approval. The certification must be provided following inspection/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

OPERATIONAL CONDITIONS

The following operational conditions must be complied with at all times, throughout the use and operation of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health and environmental amenity.

 


External Lighting

59.     External lighting to the premises must be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

Use of premises

60.     The premises is to be used as a single residential dwelling only at all times and must not be used for dual or multi-occupancy purposes.

 

Street Numbering

61.     Street numbering must be provided to the front of the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council.

 

Waste Management

62.     Adequate provisions are to be made within the premises for the storage and removal of waste and recyclable materials, to the satisfaction of Council.

 

Protection of the Environment Operations Act 1997 – Swimming Pools

63.     The operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

Pool Plant & Equipment

 

64.     The pool plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

·       before 8.00am or after 8.00pm on any Sunday or public holiday; or

·       before 7.00am or after 8.00pm on any other day.

 

Protection of the Environment Operations Act 1997 – Air Conditioners

65.     The operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

Air Conditioning & Equipment

 

66.     Air conditioning plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

·       before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

·       before 7.00am or after 10.00pm on any other day.

 

67.     Protection of the Environment Operations Act 1997 – Rainwater Tanks

The operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

 

Rainwater Tank Requirements

68.     The installation of rainwater tanks shall comply with the following noise control requirements:-

 

a)    The operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

 

b)    Plant and equipment associated with rainwater tanks are to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

c)    The operation of plant and equipment associated with rainwater tanks are to be restricted to the following hours if the noise emitted can be heard within a habitable room in any other residential premises:

 

·      before 8.00am or after 8.00pm on weekends or public holiday; or

·      before 7.00am or after 8.00pm on weekdays.

 

ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, or other relevant legislation and Council’s policies.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

 

A1      The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $1,500) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

A2      Demolition, building or excavation work must not be commenced until;

 

§  A Construction Certificate has been obtained from Council or an Accredited Certifier

§  Council or an Accredited Certifier has been appointed as the Principal Certifying Authority for the development

§  Council and the Principal Certifying Authority have been given at least 2 days notice (in writing) prior to commencing any works.

 

A3      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA) and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards and you are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A4      Council’s Building Approvals & Certification team can issue Construction Certificates and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent, relevant building regulations and standards of construction.  For further details contact Council’s Building Approvals & Certification team on 9399 0944.

 

A5      A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

 

§  Install or erect any site fencing, hoardings or site structures

§  Operate a crane or hoist goods or materials over a footpath or road

§  Placement of a waste skip or any other container or article.

 

For further information please contact Council’s Building Approvals & Certification team on 9399 0944.

 

A6      Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the Certifying Authority.

 

A7      This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

§  the consent of the owners of such adjoining or supported land to trespass or encroach, or

§  an access order under the Access to Neighbouring Land Act 2000, or

§  an easement under section 88K of the Conveyancing Act 1919, or

§  an easement under section 40 of the Land & Environment Court Act 1979, as appropriate.

 

Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land.  Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

 

A8      The finished ground levels external to the building must be consistent with the development consent and are not to be raised, other than for the provision of approved paving or the like on the ground.

 

A9      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A10     Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

A11     The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

A12     Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

Attachment/s:

 

1.View

Report for Ordinary Council Meeting on 28 February 2012

 

 

 

 


Report for Ordinary Council Meeting on 28 February 2012

Attachment 1

 

 

 

Director City Planning Report No. CP3/12

 

Subject:                  11 Monmouth Street, Randwick (DA/410/2011)

Folder No:                   DA/410/2011

Author:                   Chahrazad  Rahe, Assessment Planner     

Proposal:                     Demolition of the existing structures and construction of a two storey dwelling with part basement level garage and storage and associated works

Ward:                      North Ward

Applicant:                Kristina Kipper

Owner:                         Kristina Kipper

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 


1.    Executive Summary

 

This development application is referred to Council at the request of Councillors Tracey, Stevenson and Bowen.

 

This application seeks consent for the demolition of all existing structures on site and construction of a new two (2) storey dwelling house with a basement garage and storage at the frontage of the proposed dwelling, a rear swimming pool and site landscaping.

 

The subject site is located on the eastern side of Monmouth Street and is bounded by Stephen Street to the north, Monmouth Street to the west, Stanley Street to the south and Chepstow Street to the east. The site falls from the rear (east) to Monmouth Street approximately 2.05 metres and approximately 1.04 metres from south to north. The site has a frontage width of 12.19 metres, a depth of 37.645 metres and a total site area of 458.8m². The site currently occupied by a single storey brick dwelling with a single attached garage at the frontage of the dwelling.

 

The development application was lodged on 6 June 2011 with the most recent amended plans submitted on 24 January 2012 and 8 February 2012. The proposal has been notified on three occasions, with the most recent notification being undertaken on 27 January 2012 following the submission of the amended plans dated 24 January 2012. The most recent plans submitted to Council on 8 February 2012 were not notified as they were merely corrections to show the correct detailing of the garage on the southern boundary and correct natural ground levels to the southern elevation.    

 

Council's notification of the proposal, on all occasions, attracted a number of submissions (i.e. seven (7) during the first notification period, three (3) during the second notification period and six (6) during the third notification period).  Concerns were raised with regards to heritage, bulk and scale, streetscape impact, overdevelopment of the site, amenity impacts (solar access, privacy, overlooking and visual dominance), excavation impacts, view loss, and the location of the swimming pool. This assessment has considered these issues as well as the performance of the application against Council's planning requirements.

 

As part of the assessment process, Council requested that height poles be erected on the subject site to evaluate the proposed impact of the development within the context of the site. These height poles were erected by the applicant and their location verified by a registered surveyor. Following site inspections by Council and with benefits of the height pole, it is considered that the overall height of the rear flat roof sections of the dwelling is excessive and therefore, should be reduced by 800mm to reduce the amenity impacts to neighbouring properties in relation to view sharing. This will also improve the perceived bulk and scale of the dwelling when viewed from adjoining properties and streetscape.

 

Where the proposal does not meet the relevant preferred solutions, the proposal (subject to its reduction in height) will achieve the relevant objectives and performance requirements of the controls.

 

The proposed development satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979 (as amended), the relevant State policies, and environmental planning instrument and is therefore recommended for approval subject to conditions.

 

 

 

 

2.    The Proposal

 

Original Application - 06 June 2011

The application proposes the demolition of the existing single storey dwelling house on the subject site and the construction of a new dwelling house consisting of the following:-

 

·    A basement / lower ground floor level garage providing car parking for two (2) vehicles / cars, a bin store area, a wine cellar, a storage area and an internal stair, providing access to the upper levels of the dwelling;

·    Construction of a new driveway crossover to access the proposed garage;

·    The western part of the new ground floor level will accommodate a deck at the frontage with a planter box to the west and south.  The deck will be accessed from the proposed living area (Living 2) and guest bedroom and ensuite.  The rear part of the dwelling will consist of a large open-plan kitchen, dining and living area which will open out to the east / rear to a large deck, outdoor living area, swimming pool and private landscaped open space.  A pool equipment room is also proposed, directly abutting the site's eastern boundary.  The ground floor level will be able to be accessed via the proposed internal staircase, up from the proposed basement / lower ground floor level.  The main external access point from the street will be obtained via a new set of stairs along the northern part of the dwelling, providing access to a large patio area, and entry to the ground floor level of the dwelling;

·    The upper / first floor level of the dwelling will consist of two (2) bedrooms with access to west-facing balconies, a study, bathroom, laundry and main bedroom with an ensuite;

·    A series of skylights are proposed, over the kitchen and the upper level main bedroom, to improve sunlight access to the internal areas of the dwelling;

·    Landscaping is proposed elsewhere on the site, to consist of lawn, with no trees proposed to be removed or planted;

·    Within the southern / side setback, a rainwater tank, air conditioning unit and hot water system are proposed;

·    Secondary access is proposed to be provided from the front patio, along the northern part of the site, which is proposed to be accessed via a gate and a set of stairs; and

·    A new 1.8 metre high paling fence is proposed along the site's northern, eastern and southern boundaries and a metal/steel street fence/gate is proposed at the frontage of the site, which distinguishes the main stair/patio entrance to the dwelling.

 

First Amendment - 17 November 2011

 

MODIFICATION DESCRIPTION

 

REASON/BENEFIT

 

Front facade setback at top level increased by 1m.

 

To give more depth to the front facade –

Heritage Officer request.

 

Parapet roof form modified to a gable roof at the front of the building.

 

Heritage Officer request.

 

Street fence modified – inclusion of new planters at the street level.

 

To soften facade – Heritage Officer

Request.

 

Planter on top of the garage is setback by 770mm and reduced in area.

 

To reduce bulk of garage volume and

soften facade – Heritage Officer request.

 

Area of windows at ground & first level

reduced

 

To reduce glazed area and increase

rendered area – Heritage Officer request

 

Reduction of parapets at front facade

To reduce bulk of building - Heritage

Officer request

 

Front facade windows with new fixed top panel

 

Heritage Officer request

 

Southern setback gate reduced in height

 

Heritage Officer request

 

Second Amendment - 25 January 2012

 

MODIFICATION DESCRIPTION

 

REASON/BENEFIT

 

Garage volume and garage door reduced.

To comply with DCP provisions; reduced

bulk at streetscape.

 

Driveway reduced in width.

To protect exist tree roots at engineers

request

 

New roof cut out to back of the house at the first floor level (adjacent to ensuite).

 

To provide additional sunlight to

neighbouring property north facing living room windows.

Southern setback increased at the first floor level by 350mm.

 

 

To comply with DCP provisions; increased

sunlight to neighbours’ north facing windows.

 

Northern setback decrease to accommodate new layout of the Main Bedroom.

 

Reconfiguration of new roof to increase sunlight to neighbours northern windows.

 

Deletion of southern parapet at the rear and reduction in overall wall height from 7780mm to a maximum of 7140mm.

 

To provide additional sunlight to

neighbouring property including windows.

 

New ensuite layout.

Planning reconfiguration to increase

sunlight to neighbours’ northern windows

 

Southern cutout at the first floor level reduced by 2m in east west width.

 

Planning reconfiguration to increase

sunlight to neighbours’ northern windows

 

New 1.6m high privacy screen to drying deck at the first floor level.

To provide privacy to the neighbouring

Property.

 

 

New external louvres to the northern window of the rear main bed.

To provide privacy to the neighbouring property rear garden.

 

Planters to the street fence deleted.

Heritage Officer request.

 

Street fence altered in height (no higher than 1.5m).

 

Heritage Officer request.

 

A/C & Hotwater System relocated along the southern side of the dwelling.

To improve acoustics to neighbouring

Property.

 

New frosted finish to the staircase window.

To improve privacy to the neighbouring

Property.

 

FSR reduced by 16m (refer to Statement of Environmental Effects for perceived FSR).

 

To reduce the bulk of the building.

 

Natural ground levels modified on the elevations and sections.

To correct the natural ground levels indicated on each elevation and section rather than the generic level as shown.

 

Third Amendment - 8 February 2012

 

MODIFICATION DESCRIPTION

 

REASON/BENEFIT

 

Detailing of the garage are shown on the, lower ground, ground level and southern elevation.

Details of the garage to the southern side of the boundary were not shown accurately on the plans.

Natural ground levels modified on the southern elevation.    

To correct the natural ground levels on the southern elevation.

 

***Note:  The assessment is based on the amended plans received by Council on 24 January 2012 & 8 February 2012.

 

3.    The Subject Site and Surrounding Area

 

The subject site, No. 11 Monmouth Street, Randwick, is legally described as Lot 19, Section 1, in Deposited Plan 3716 and is characterised as follows:-

 

·        Located in a block bounded by Stephen Street to the north, Monmouth Street to the west, Stanley Street to the south and Chepstow Street to the east.

·        Located on the eastern side of Monmouth Street.

·        A frontage of 12.19 metres, a depth of 37.645 metres and a site area of 458.8m².

·        The site falls from the rear (east) to Monmouth Street approximately 2.05 metres and approximately 1.04 metres from south to north.

·        The site is presently occupied by a single storey red brick dwelling with a single attached garage at the frontage of the dwelling.

 

4.    Site History

 

There is no relevant history related to this development application.

 

 

5.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development on three occasions in accordance with the DCP – Public Notification. 

The original proposal was notified on 7 June 2011; and the amended proposals being on 2 December 2011 and again on 27 January 2012 following receipt of further amended plans.

 

5.1 Objections

During the first notification period seven (7) submissions were received. During the second notification period, three (3) submissions were received.  During the third notification period, six (6) submissions were received.

 

Submissions received during the 7 June 2011 notification period are summarised in table 1 below:

 

Table 1:

Address

Summary of Issues Raised

48 Earl Street, Randwick

·      Bulk and scale.

·      Not consistent with row of early 1900's homes lining the eastern side of Monmouth Street.

·      Streetscape domination.

·      Setting a design precedent.

·      Reference to 2A Stephen Street DA and refusal by Council due to square design and lack of setbacks.

13 Monmouth Street, Randwick

·      Amenity impacts.

·      Outlook and views.

·      Bulk and scale.

·      Floor space ratio non-compliance.

·      No account taken of the character of the neighbourhood and streetscape.

·      Impact of excavation for the garage.

·      Solar access impact to living areas of 13 Monmouth Street.

10 Chepstow Street

·      Too large, too high and extends too far to the rear of the property.

·      Loss of amenity due to overlooking.

14 Chepstow Street

·      Non-compliance with DCP for FSR, height, depth of 2nd storey, excavation, side setbacks, garage suite and width, location of pool, loss of amenity to adjoining properties.

·      Only justification offered "to meet the needs of a growing family and modern lifestyle".

·      Loss of amenity as proposed east facing 2nd storey addition will look straight into our 2nd storey / master bedroom and north-west facing balcony.  Direct sightlines.

7 Monmouth Street, Randwick

·      DCP and LEP non-compliances for setbacks, wall height.

·      Dangerous precedent in a Heritage Conservation Area.

·      Bulk and scale.

·      Lack of landscaping, particularly at the site frontage.

·      Visual impact of the garage on the streetscape.

·      The flat roof is inconsistent with all other roofs on the eastern side of the street.

·      The proposed width of the first floor verandah is inconsistent with all other houses in the street.

·      The height and materials of the fencing are inappropriate to the area.

·      Location of the swimming pool is inappropriate and should be located at the rear.

·      Visual and acoustic privacy.

·      Garage width exceeds the preferred solution of the DCP as it exceeds 35% of the site.

·      Depth of excavation and potential impacts on adjoining properties.

12 Monmouth Street, Randwick

·      Materials and finishes are inappropriate.

·      Height of the development does not follow the roofline of the houses on either side.

·      Front setback of the upper level should be increased to be consistent with other dwellings in the vicinity.

·      Development should have a pitched roof.

9 Monmouth Street, Randwick

·      Privacy and solar access to No. 9 Monmouth Street.

·      Impact on the heritage conservation area and streetscape.

·      Bulk and scale and non-compliant setbacks.

·      Concerns regarding excavation for the pool.

 

Submissions received during the 2 December 2011 notification period are summarised in table 2 below:

 

Table 2:

 

Address

Issue

7 Monmouth Street, Randwick

·      Overshadowing.

·      Loss of privacy to the rear residences.

·      Non-compliant FSR.

·      Scale of the house is greatly disproportionate to neighbouring homes.

·      Incongruent with the Heritage Conservation Area characteristics.

·      Proposed demolition and excavation has a potential to damage neighbouring properties.

·      Location of the pool on the northern side of the house is contrary to Council's guidelines.

·      Lack of landscaping to the street frontage.

12 Monmouth Street, Randwick

·      Privacy.

·      Engineering.

·      Size.

·      Streetscape impact.

·      Heritage impact.

13 Monmouth Street, Randwick

·      Bulk and scale.

·      Solar access, views and land stability impacts to No. 13.

·      Impact on views.

 

Submissions received during the 27 January 2012 notification period are summarised and addressed in table 3 below. The following submissions were received:

 

·      7 Monmouth Street, Randwick

·      8 Monmouth Street, Randwick

·      9 Monmouth Street, Randwick

·      13 Monmouth Street, Randwick

·      10 Chepstow Street, Randwick

·      14 Chepstow Street, Randwick

 

Issue

Comment

Excessive scale and height of the development.

The height and FSR of the proposal are discussed in Sections 9.2 & 9.3 of this report and subject to a condition which requires the overall height to the flat roof sections of the development being reduced by 800mm are considered to be acceptable.

 

Construction impacts resulting from excavation and building on sand resulting in damage to surrounding buildings. 

Standard conditions of consent are included in the recommendation which control impacts on adjacent properties.

 

Shadow impacts on adjacent properties.

Subject to the reduction in the overall wall height by 800mm, the shadow impacts are found to be acceptable and satisfied the relevant objectives and performance requirements of the DCP for solar access.

 

Shadow impacts are discussed in detail in Section 9.5 of this report.

 

Adverse privacy impacts on surrounding development at the rear of the subject property.

Potential privacy impacts are discussed in Section 9.8 of this report and subject to a condition are found to be acceptable. 

 

Adverse impact on views to the north side from development.

A consideration of the principles in the Tenacity v Warringah Council in relation to view loss is assessed in Section 9.9 of this report.  As a result of the above considerations, it is recommended that a reduction of 800mm to the height of the rear flat roof sections of the building will contribute to a reasonable level of view sharing.

 

The proposed development is not sympathetic to the streetscape in terms of its modern design.

It is not considered that the design of the development will have a significant impact on the character of the streetscape within the conservation area.  Council’s Heritage Planner has reviewed the revised plans and raised no objections to the overall design of the amended proposal. Appropriate conditions have been included to ensure the colours, materials and finishes of the external surfaces to the building being compatible with the surrounding buildings in the heritage conservation area and consistent with the architectural style of the building.

 

Recommended that the awning entry structure on the ground floor along the northern side boundary be removed as it is to close to this side boundary.

The entry awning is setback greater than 1.5m from the northern side boundary and it is not anticipated that this structure will have any unreasonable amenity impacts to the neighbouring property or streetscape.  Also, this awning structure is located directly adjacent to the neighbouring property’s blank wall.

 

***Note: Consideration of the above issues raised is also addressed at Section 9 of this report.

 

5.2 Support

No submissions of support were received during the notification period.

 

6.    Technical Officers Comments

 

The application has been referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided:-

 

6.1. Heritage comments

 

The Site

The site is within the North Randwick Heritage Conservation Area and occupied by a cottage originally built in the 1920s, but substantially altered in the post-war period.  Surrounding dwellings on the eastern side of Monmouth Street generally comprise detached dwellings dating from the early twentieth century and are characterised by pitched roofs and gabled front elevations. 

 

Background

Comments on the original application were provided by consultant Rod Howard of Godden Mackay Logan.  No objections were raised on heritage grounds to the demolition of the existing dwelling house.  Concerns were raised however that the proposed new dwelling and garage structure would be incompatible with surrounding development in terms of built character and form, street pattern, window proportions and materials.  A meeting was held to discuss these issues and amended drawings were received.  As compared to the original plans, the amended plans made relatively minor amendments to the street façade elevation which reduced the strong horizontal lines of the original proposal and somewhat diluted its contemporary aesthetic.  Comments on the amended application were again provided by consultant Rod Howard.  Concerns were again raised in relation to incompatibility of the proposal with the established streetscape setting on the eastern side of Monmouth Street, and a further meeting was held.  Several further sets of amended plans were received and meetings subsequently held to discuss outstanding issues with Council’s Heritage Planner.  Amended plans have now been formally submitted. 

 

Proposal

Amended plans have made changes to the design of the garage structure and the new dwelling, including changes to the proposed front setbacks and roof form.  As compared to the original plans, the amended plans have made changes to the configuration of the front fence and garage, and to the front section of the first floor of the dwelling. 

 

Submission

The original application was accompanied by a Heritage Impact Statement prepared by John Oultram which noted that low (non-contributory) heritage status of the existing dwelling on the site.  The heritage consultant was not involved in subsequent meetings in relation to the proposal. 

 

Comments

Amended sketches have been reviewed in relation to the comments provided by Rod Howard, particularly as they refer to the design guidelines contained in the Draft DCP. 

 

Garage and fencing

Recent heritage comments noted that there are currently no double width garages with front parapets in Monmouth Street.  The widest of the neighbouring garages at no.13 immediately to the south has a width of 5.6m.  Similarly a recent approval for changes to an existing garage at no.17 allowed for a width of 4.3m.  The proposed overall width of the garage is 7.85m.  The approval of a double garage of these dimensions would be incompatible with objectives for Accommodating the Car contained in Council’s Draft DCP for the North Randwick Conservation Area and would be inconsistent with recent approvals in the vicinity of the site.  Council’s Development Engineer has advised that the footpath crossing is to be considerably reduced in width to allow for the retention of the existing street tree.  Given that a double garage door width will no longer be feasible, a consent condition should be included requiring that the garage width at the front boundary should not exceed 6m.  The landscaped area to the south of the entry gate can be enlarged accordingly.  The height of the garage structure has been reduced by setting back and slightly lowering the edge of the planter above it.  This reduction in scale will further assist in reducing the streetscape dominance of the garage.  The proposed 1.6 – 1.8m high metal and steel fence and gate to the remainder of the frontage front fence has been replaced by a masonry fence of the same height set back from the front boundary by a 500mm wide planter box.  It is recommended that the front fence and gate be located on the line of the front boundary, have a maximum height of 1.5m and be of open design.  An appropriate consent condition should be included requiring details of the design of the front fence and gate to be provided. 

 

Dwelling house

Recent heritage comments noted that poor relationship between the proposed dwelling and its neighbours in terms of scale and roof form.  It was considered that the proposal presented in subsequent sketches would remain a dominant element in the streetscape of the heritage conservation area due to its height and blocky form.  It is noted that upper level additions to neighbouring dwellings in the group on the eastern side of Monmouth Street retain their traditional gabled roof forms, are set further to the rear and have less streetscape prominence.  Amended drawings have increased the width of the upper level balcony and replaced the proposed flat roof of the front pair of bedrooms with a gabled roof.  The change to the upper level balcony has correspondingly set back the front wall of the upper level, reducing its prominence in the streetscape.  The change to the roof form has lowered wall height by around 1.3m, improving the compatibility of the proposal with the scale and massing of dwellings to the south.  Provision of awnings to upper ground and upper level doors provides further articulation to the front elevation.  While the Statement of Significance for the heritage conservation area notes the importance of face brick construction, it is noted that a number of surrounding dwellings have had original face brickwork rendered and painted.  There are no heritage objections to a rendered and painted finish for the proposed dwelling.  The use of less contrasting finishes and a more recessive colour scheme however would assist in integrating the new dwelling in the streetscape.  An appropriate consent condition should be included. 

 

Planners Comments

Councils Heritage Planner has advised that there are no further comments in relation to the amended plans dated 24 January 2012 and the issues relating to the garage width and fencing design have been fully addressed.

 

6.2      Development Engineers

 

Amended plans have been received for the construction of a new dwelling at the above site.

 

This report is based on the following plans and documentation:

·      Architectural Plans by Anna Vaughan Architects, project no 1015, dwg no A02-05, issue C, dated 24.01.12, and dwg A01 & A06, issue B, dated 24.01.12;

·      Statement of Environmental Effects by Anna Vaughan Architects, Issue 02, revised January 2012.

 

Tree & Landscape Comments

Previous reports for this site and application identified the need to retain the mature Lophostemon confertus (Brush Box) growing on Council’s Monmouth Street nature strip, to the north of the existing vehicle crossing, due to this tree being part of a highly significant avenue planting of this species that exists on both sides of the street, along its full length.

 

However, this would not have been possible if works proceeded as was shown on the original plans, as the existing 1600mm setback off its trunk to the northern side of the crossing was to be drastically reduced down to only 300mm, which would have necessitated its removal due to the extensive loss of roots.

 

As this would be an unsatisfactory outcome for Council, which could not be supported, the applicant was instructed to amend their plans showing that the existing 1600mm setback between the tree and crossing will be maintained.

 

Revised plans complying with Council’s requirements have now been received, and as such, conditions specifying how this street tree must be protected have been included in this report, and includes a refundable deposit as security for compliance.

 

There is a large and mature Gum tree, which given the location of the existing timber pailing fence, appears to be growing beyond the eastern boundary, within 12 Chepstow Street, and was observed to have a large wound on the western side of its trunk.

 

However, the site survey shows it is actually located on the common boundary between the two properties, meaning they both share joint ownership, but as there are no major works in this area, it should not be affected.

 

7.    Master Planning Requirements

 

No master planning requirements apply to this site.

 

8.    Relevant Environmental Planning Instruments

 

The Development application has been assessed in accordance with the provisions of the following relevant planning documents:

 


(a)    Randwick Local Environmental Plan 1998 (consolidation)

 

Clause 12 - No. 2C (Residential C Zone)

The site is zoned 2C ("Residential C") under Randwick Local Environmental Plan 1998 ("RLEP 1998").  Sites to the east, south and west are also zoned Residential C, with sites to the north zoned Residential A for low density development.

 

Pursuant to Clause 12 of the RLEP 1998, "dwelling houses" are a permissible use, with Council consent, in the Residential C Zone.  The objectives of the Residential C zone are:-

 

(a)  to provide a medium density residential environment, and

(b)  to maintain the desirable attributes of established residential areas, and

(c)  to protect the amenity of existing residents, and

(d)  to allow for a range of community uses to be provided to serve the needs of residents, workers and visitors, and

(e)  to encourage housing affordability, and

(f)  to allow people to carry out a range of activities from their homes, where such activities are not likely to adversely affect the environment of the locality.

 

The proposal, whilst not a "medium density" form of development, is considered to be appropriate for the site, particularly due to the fact that the site shares a common boundary with a site to the North (No. 9 Monmouth) that is zoned for low density residential (Residential A zone). Accordingly, the proposed development is consistent with objective (a), and is considered to be appropriate given the transition in zoning between the subject site and the adjoining site to the north.

 

Subject to compliance with conditions stated at the conclusion of this report, the proposal is considered to be consistent with objectives (b) and (c).

 

Objectives (d), (e) and (f) are not relevant in this instance, as the residential use of the site will continue.

 

Part 4 - Heritage Provisions

The site is located within the North Randwick Heritage Conservation Area.

 

Part 4 of the LEP requires that Council take into consideration the likely effect of a proposed development on the heritage significance of any heritage items, or heritage conservation areas.

 

The application is supported by a Heritage Impact Statement as required by clause 43(5). The application was referred to Council’s Heritage Planner for assessment. Whilst initially there where some concerns relating to the proposed development, these concerns have been addressed within the amended current proposal and there are no further objections raised by the Heritage Planner. The proposal is not considered to have any unreasonable detrimental impact on the heritage significance of the conservation area and will satisfy the relevant requirements of Part 4 - Heritage Provisions of the Randwick LEP (Consolidation). Refer to detailed assessment made by Council's Heritage Planner.

8.1 Policy Controls

a.    Development Control Plan - Dwelling Houses and Attached Dual Occupancies

The DCP for Dwelling Houses and Attached Dual Occupancies states that a proposal is deemed to satisfy the Objectives and Performance Requirements of the DCP if it complies with the corresponding Preferred Solutions. The table below assesses the proposal against the Preferred Solutions, and where non-compliance results, assessment is made against the relevant Objectives and Performance Requirements.

 

DCP Clause

Preferred Solution

Proposed

Compliance

Solar Access

Private open space receives at least 3 hours of sunlight over at least part of its area between 9am and 3pm on 21 June.

The rear private open space of the subject site will retain three (3) hours of sunlight between the hours of 9am and 3pm on 21 June.

Yes

North facing windows to living areas receive at least 3 hours of sunlight over at least part of their surface between 9am and 3pm on 21 June.

The dwelling includes suitable north facing living room windows

Yes

North-facing windows to living areas of neighbouring dwellings receive at least 3 hours of sunlight over at least part of their surface between 9am and 3pm on 21 June.  If less than 3 hours is available under current conditions, access to sunlight is not reduced.

The amended proposal does not achieve the minimum 3 hours of solar access to part of the neighbouring property’s rear ground level north facing living room windows. 

No. Refer to comments in Section 9.5 below.

The principal outdoor recreation space of neighbouring dwellings receives at least 3 hours of sunlight over at least part of its area between 9am and 3pm on 21 June. 

Adequate solar access to the rear yards of the neighbouring properties will be achieved.

Yes

Stormwater

·      Stormwater form all buildings and surfaces is graded and drained via a gravity system to Council's street gutter, or to a suitable absorportion system.

·      Rainwater tanks or other storage systems collect roof runoff for treatment and re-use for toilet flushing, laundry purposes and garden watering.

·      Triple A rated water-efficient plumbing fixtures (taps and shower roses) and water-efficient duel flush toilets are installed in new developments.

·     Landscaped areas are to contain low water demand plant species, group together species with similar watering requirements, use appropriate mulches for planter beds, and use drip irrigation systems and irrigation controllers to prevent over-watering where irrigation systems are proposed.

The application was not accompanied by a stormwater plan however suitable conditions have been provided by Council Engineer.

 

Yes

Landscaping

A minimum of 40% of the total site area is provided as landscaped area.

The plans as lodged provided for a landscaped area of 235.84m², or 51.4% of the site area.  The amended design does not reduce the total landscaped area and therefore the proposal remains compliant.

Yes

Each dwelling is provided with at least 25m² of useable private open space.

The total private open space area provision is 115.21m².

Yes

Each dwelling's private open space is capable of containing a rectangle with minimum dimensions of 3 x 4 metres with only minor change to level.

The landscaped area/ private open space to the rear of the dwelling exceeds these dimensions.

Yes

Private open space proposed towards the front of a dwelling house or an attached dual occupancy is located behind the required building line.

No private open space is provided forward of the dwelling.

Not applicable

A minimum of 20% of the site area has a permeable (soft landscaped) treatment.

The total soft landscaped area provision on the site is 118m² which is 26% of the site area.

Yes

Floor area

The floor space ratio of a dwelling house must not exceed 0.9 - Site Area (m²) / 1500. For the site, this means a maximum FSR of (0.9-0.3):1, being 0.6:1.

Applicant’s FSR calculation = 0.83:1

Council’s FSR calculation = 0.86:1

No. Refer to comments in Section 9.2 below.

Height, Form and

materials

The external wall height of a dwelling house or attached dual occupancy does not exceed 7 metres.

North – 8.5m up to 9.135m.

South – 6.4m (front section), 6.865m (rear section) & approx 7.45m (centre of building).

No. Parts of the walls do not comply. Refer to comments in section 9.3 below.

The external wall height of buildings or additions to the rear does not exceed 3.5m

n/a

n/a

Cut or fill does not exceed 1 metre.

The proposed excavation on the site is greater than 1m.

No. Refer to comments in section 9.1 below.

Excavation does not occur within 900mm of a side boundary.

The proposal includes excavation less than 900mm from a site boundary.

No. Refer to comments in section 9.1 below.

Excavation does not occur within 4 metres of the rear boundary.

There is no excavation within 4m of the rear boundary.

Yes

The length (depth) of a second storey portion is no greater than 12 metres at less than 1.5 metres from a southern boundary.

The upper floor of the building is well articulated to achieve compliance.

Yes

Building setbacks

The front setback is the average of the setbacks of the adjoining dwelling houses and where there is no adjoining dwelling house, front setback is 6 metres.

The front setback is consistent with the average setbacks of adjoining dwellings.

Yes.

No part of the building is closer than 4.5 metres from the rear boundary.

No part of the dwelling will be closer than 4.5 metres from the rear boundary.

Yes

Side setbacks are no less than 900 metres for any part of a building over 1 metre above ground level and up to one level in height.  1.5 metres for any part of a building that is two levels.  3 metres for any part of the building that is more than 2 levels in height.

Dwelling

Ground level:

On the ground level the dwelling is setback at least 900mm from the side boundaries.

 

First Floor level:

On the first floor level majority of the dwelling is setback at least 1.5m, only a small section at the front to the northern side for a length of 4285mm is setback 1.15m which does not comply with the preferred solution requirement of 1.5m.

 

Garage:

Lower ground level:

The southern wall of the garage is sited on the southern site boundary with a nil setback.

Dwelling

Ground level:

Yes

 

 

 

 

 

First floor level: 

No. Refer to comments at Section 9.4 below.

 

 

 

 

 

 

 

 

 

 

Garage:

Lower ground level:

No. Refer to comments at Section 9.4 below.

Visual and

Acoustic privacy

Habitable room windows with a direct outlook to another dwelling's habitable room windows within 9 metres are offset by more than 45 degrees or have fixed obscure glazing installed below 1.5 metres above floor level.

The windows proposed to the development have been design and located to prevent overlooking.

Yes. 

Where a direct view is available into the private open space of an existing dwelling, outlook from windows, balconies, stairs, landings and terraces and decks is obscured or screened

The first floor main bedroom to the northern elevation at the rear of the site has substantial expanses of glazing and a condition is recommended to ensure that adequate levels of privacy to the rear yard of the neighbouring property will be maintained.

Yes.  Conditioned to comply. Refer to comments in Section 9.8 below.

Buildings comply with AS - 3671 and AS - 2107 for Acoustics.

Council's standard conditions of consent ensure that all buildings have been designed to comply with the relevant Australian Standards for acoustics.

Yes

Safety and

Security

Front doors of dwellings are visible from the street.

The front entry door will be visible from the street.

Yes

Dwellings have at least one habitable room window overlooking the street.

The ground floor living room and various bedrooms overlook the street.

Yes

Garages, Carports and driveways

Car parking spaces have a minimum dimension of 5.5 metres and 2.5 metres.  Driveways have a minimum width of 3 metres and are setback at least one metres from the side boundary. 

Complies with the minimum dimension requirements.

Yes

Where vehicle access is available only from the front of the allotment, carports and garages to be located behind the building line.

The garage is located forward of the building line.

No. The size and location of the garage is not anticipated to have any unreasonable adverse impacts upon established streetscape or surrounding heritage conservation area as the garage occupies the same extent of the property as those to adjoining properties thereby maintaining reasonable levels of visual consistency. Also, this is supported by the Heritage Planner. Refer to comments at Section 9.4 below.

Driveways, car parking spaces and car parking structures do not occupy more than 35% of the width of the site.

The garage element comprises 49.22% of the front boundary.

Fences

Solid front fences on street frontages in front of the building line are no higher than 1.2 metres.

The proposal has a revised fence height of 1.5m to the front boundary as recommended by Council Heritage Planner.

Yes. It is considered that the front fence will integrate with the surrounding streetscape and will be compatible with the appearance of the building and established fencing form and material within the streetscape of the conservation area.

 

***Further discussion regarding compliance with the Randwick DCP is provided in Section 9 below of this report.

 

9.        Key Issues and Areas of Non Compliance

 

Issues raised in public submissions and those matters of concern noted above are addressed in the following section of this report.

 

9.1      Excavation and Geotechnical Considerations

The proposal includes excavation to a depth of:

 

·              about 2.4m for the basement garage, which is located immediately on the southern site boundary, and;

·              about 2m for the swimming pool. 

 

Concerns were raised in the submissions in relation to excavation and potential impacts on adjoining sites, particularly with regard to excavation directly adjacent to the southern boundary for the construction of the garage.

 

The application is supported by a Geotechnical Investigation Report by Jeffery and Katauskas Pty Ltd, which provides recommendations to manage the works to avoid adverse impact as a result of demolition, excavation and construction works.

 

This report recommends compliance with the terms of the geotechnical report, including preparation the dilapidation reports of adjoining buildings and structures prior to works commencing.

 

Suitable conditions have been included to ensure that excavations are appropriately supported to protect the adjoining premises from possible damages. 

 

9.2         Floor Space Ratio

The proposed FSR as indicated on the submitted plan is incorrect. Council calculations indicate that the proposed FSR is approx. 0.86:1 (or 395.33m²) rather than 0.83:1 (382m²) as indicated on the documentation. Therefore, the proposed development will further exceed the preferred solution FSR of 0.598:1 (or 274.4m) for a site area of 458.8m² as stipulated in the DCP.

 

An assessment is made as to whether the proposal satisfies the objectives and performance requirements of the DCP.

 

The immediate locality contains a variety of single and two storey dwelling house developments and residential flat buildings.

 

Whilst the variation from the preferred solution is substantial, the recommended height reduction to the rear flat roof section of the building will reduce the visual bulk of the building and also minimise the adversely impact on the amenity of the adjoining properties. 

 

The revised proposal is deemed to satisfy the performance requirement, namely, that the building bulk is generally compatible with the surrounding built forms and will not result in significant additional building bulk that will dominate the site or detract from the character of the streetscape or surrounding area.  Refer to Figure 1 below.

 

The bulk of the building is suitably distributed over an architectural form that incorporates appropriate articulation and façade treatment. The articulation of the dwelling adds to the visual interest of the development. The proposal is considered to have minimised streetscape and amenity impacts.

 

Further, a substantial portion of the total floor area (i.e. approximately 67sqm) is within the basement level.  This area is below the existing natural ground level and therefore does not substantially add to the bulk of the building.  Whilst the FSR will still be in excess of the preferred solution, the effects of the FSR will not be as significant.

                                  

As such, it cannot be argued that this development will be substantially out of keeping with the established character of the locality; and for the above reasons, the proposed FSR of the development is considered acceptable.

 

Figure 1: View of the subject site and adjoining properties.

 


9.3      Height

Section 4.3 of the DCP makes provision for the control of building heights and nominates a preferred solution as being a maximum external wall height of 7m.

 

The external wall height on the southern elevation to the front section of the building (under the pitched roof) and to the rear section of the building is less than 7m when measured from the existing ground levels. The front section has a maximum external wall height of 6.4m and the rear section has a maximum external wall height of 6.865m.  Only the centre section of the building is greater than 7m and this section of the building is recessed and has a varied setback of 1.63m to 4.03m.

 

To the northern side elevation, the maximum external wall height of the building is 9.135m for a small section of the wall which spans 3m. However, the front section of the building (under the pitched roof) has a maximum external wall height of 7.54m and the majority of the building to the rear has an average external wall height of approx. 8.6m from the natural ground level.

 

As part of the assessment process, Council requested that height poles be erected on the subject site to evaluate the proposed impact of the development within the context of the site. These height poles were erected by the applicant and the location of the poles were verified by a registered surveyor. Following site inspections by Council and with the benefits of the height poles, it is considered that the overall height of the rear flat roof section of the development is excessive and therefore should be reduced. In this regard, it is recommended that a reduction of 800mm to the height of the rear flat roof section of the building will improve the perceived bulk and scale of the dwelling when viewed from adjoining properties and streetscape; and will also contribute to a reasonable level of view sharing, where the distant views of CBD and Bondi Junction, including the general profile of the high-rise buildings therein, will be partially retained.

 

As a result of the above recommendation, the external wall height to the southern elevation of the whole building will comply with the 7m height control. However, to the northern side the development will still not comply with this provision. 

 

Notwithstanding the above, the departure from the preferred solution external wall height to the northern elevation is not unreasonable in this instance as the building is setback adequately from the northern side boundary and will not unreasonably impact on the amenity of the neighbouring properties or the streetscape within the conservation area.  Also, the height will be consistent with the external wall height of adjoining two storey dwellings and the overall objectives and performance requirements of the DCP will be satisfied.

 

9.4         Setbacks

The side setback controls aim to allow occupants and neighbours adequate natural lighting and ventilation.

 

Whilst the side setbacks to part of the development do not comply with the preferred solution requirements of the DCP, it is considered that the development will still comply with the relevant objectives and performance criteria of the DCP.

 

Garage

The southern wall of the garage is sited on the southern site boundary with a nil setback not complying with the preferred solution requirement of the DCP of 900mm.  The plans indicate that the garage will protrude about 2.8m to the front and then up to approximately 1.1m to the rear above the existing natural levels at the southern boundary.  

 

It is not considered that the garage wall to this side of the boundary will result in any unreasonable amenity impacts to the neighbouring properties. This wall will not unreasonably affect solar access to any nearby north facing windows.  Part of the wall is adjacent to the neighbouring properties garage and a portion of this wall will be blocked by the existing fencing along the common wall boundary.

 

It is considered that the variation in this case is acceptable and strict compliance with the side setback requirements would not result in any significant improvement to the amenity of the adjoining dwellings and the character of the streetscape.  Also, there are other garages within the street which are sited to the front and side boundaries with a nil setback and the width of these garages are greater than 35% of the site width.  The garage is not considered to dominate or detract from the overall design of the dwelling or the street character of the conservation area. Therefore, the overall objectives and performance requirements of the DCP will be satisfied.

 

Southern side setback on the first floor level

On the first floor level a small section of the wall is setback 1.15m (for a width of 4285mm) from the southern side boundary not complying with the preferred solution requirement of 1.5m.

 

Notwithstanding the above, it is not considered that the variation will result in any significant adverse impacts to the neighbouring properties or streetscape.  Also, there is no real benefit in increasing the wall on the southern side boundary to 1.5m as it will not significantly improve solar access to the neighbouring properties north facing windows. The majority of the southern wall is setback greater than 1.5m and the overall objectives and performance requirements of the DCP will be satisfied.

 

Front setback on the ground floor

No objection is raised to the ground floor setback of 4.46 metres, noting that unroofed balconies are able to encroach into setbacks. The front setback to No. 9 Monmouth is 4.5metres and to No. 13 Monmouth, the front setback is approximately 5.4 metres. The proposed setback will be generally consistent with the front setbacks of adjoining properties.

 

9.5      Solar Access

The new dwelling will impact upon solar access to north facing windows of No. 13 Monmouth Street.  It is accepted that this outcome is largely a function of the orientation and narrow width of the subdivision pattern.

 

Nevertheless, it is evident that various elements of the proposal also contribute to this outcome, including:

 

·    Excessive GFA

·    Exceedence of maximum wall height control

·    Length of the upper floor.

 

The above issues were initially discussed with the owner and applicant by letter and at the meeting on 16 January 2012 where it was agreed that the proposal will be amended to achieve the minimum 3 hours of solar access to part of the neighbouring property’s rear ground level north facing living room windows.  However, it is noted that the amended shadow diagrams only show that approximately 2 hours and 45 minutes will be achieved. 

 

Notwithstanding, the lower building height as currently requested by Council would contribute to a better view sharing outcome, where the distant views of CBD and Bondi Junction, including the general profile of the high-rise buildings therein, will be partially retained.

 

Whilst the amended proposal fails to achieve the preferred solution for solar access, it is considered that the relevant objectives and performance requirements of the DCP have been achieved for the reasons as follows:

 

·    The amended proposal complies with the rear setback requirement of 4.5m and satisfies the relevant objectives and performance requirements of the DCP.

·    The proposal provides generous setbacks from both side boundries, which further minimises the potential impact on the amenity of adjoining properties.

·    A condition is recommended to reduce the overall height of the rear flat roof section of the building by 800mm so that the entire southern external wall of the dwelling will be less than 7m above the existing ground levels.

 

9.6      Bulk and Scale

Concerns were raised in a number of the submissions in relation to the visual bulk and scale of the development when viewed from the streetscape and also, from adjoining properties.

 

A comparison of the proposed bulk and scale of this development with the adjoining development and established character of the locality determines that the proposed bulk and scale of this development will not be inconsistent with other development within the streetscape and therefore satisfies the objectives and performance requirements of the DCP for Dwelling Houses & Attached Dual Occupancies. Further, a condition is recommended to lower the height of the development by 800mm to reduce the overall bulk and scale of the development.

 

9.7      Noise

Concerns were raised in a number of the submissions in relation to potential noise impacts form the development, and more specifically, from an air conditioning unit and pool equipment. These matters will be addressed by way of conditions of consent.

 

9.8      Privacy

 

Dwelling

A number of the concerns raised in the submissions related to the potential privacy impacts of the proposed development on adjoining sites to the north and east. Key issues are:

 

·       The first floor main bedroom to the northern elevation at the rear of the dwelling has substantial expanses of glazing which will afford direct views into the rear yards of dwellings to the north of the site. It is acknowledged this room is not a living room. However, its elevated position, and the number and size of the windows will erode the sense of privacy to adjacent site.  Whilst it is acknowledged that external louvres have been provided to part of this north facing windows, the area that is not covered by the external louvres will still be able to overlook the rear yard of the neighbouring property at No. 9 Monmouth Street.  It is therefore recommended that one of the following treatment be implemented:

 

1)  The north facing windows to the main bedroom is to have a minimum sill height of 1.5m above floor level, or

2)  the windows are to be fixed and be provided with translucent, obscured, frosted or sandblasted glazing below the above specified height, or alternatively,

3)  the external lourves proposed must extend the full width of these windows and the depth of the screen must have a minimum height of 1.5m above floor level.

 

The above condition will ensure that adequate levels of privacy to the rear yard of the neighbouring property will be maintained.

 

·       In relation to upper level bedroom 1 to the front of the dwelling, this window will primarily overlook the front yard of the property; and bedrooms are not considered to be areas of high traffic and do not generate substantial overlooking impacts.

 

·       In relation to upper level study room to the northern elevation, this window will primarily overlook the roof of the adjoining property at No. 9 Monmouth Street and is considered to be acceptable.

 

·       The upper floor level windows to the rear elevation are setback greater than 9m from any adjoining property boundary and will primarily overlook the rear yard of the subject site rather than the privacy open space or living areas.

 

·       The front entry includes a substantial landing which extends to the northern site boundary. Given that it will only be used to access the dwelling and that it is not directly adjacent to the neighbouring properties window beyond a 45 degree angle from the corner of the landing, there are no objections to the height and location of the elevated entry landing as there will be no substantial privacy loss.

 

·       The proposal includes a first floor balcony centrally located on the northern elevation with 1.6m high privacy screens to the north and east ends of the balcony.  It is not considered this balcony will have any unreasonable privacy impacts to the neighbouring properties. The balcony is not attached to any principal living areas of the dwelling, but instead is adjacent to the hallway on the bedroom level. The location of the balcony is unlikely to become a major recreation area for the occupants. The balcony is located and designed to allow clothes drying and household services. Also, the proposed screens will have an adequate height and will effectively obscure views.

 

Pool

The proposed swimming pool will be used for domestic purposes and it is not anticipated that the proposed pool will result in noise impacts substantial enough to justify its refusal.  The pool is setback sufficiently from the northern side boundary and the coping to the northern edge of the pool is not wide enough to allow extensive use of the area. It is therefore considered that the pool will satisfy the relevant objectives and performance requirements of the DCP.

 

9.9      View loss assessment

 

Introduction

Sharing of views is a design performance requirement in Council’s Dwellings Houses and Attached Dual Occupancies Development Control Plan.

 

An assessment of the proposed development and its impact on views is carried out in accordance with the Land and Environment Court planning principle after Roseth SC pp.25-29 in Tenacity Consulting v Warringah [2004] NSWLEC 140. This assessment is guided by a four step process identified by the Land and Environment Court.

 

Step 1. “The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (e.g. of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, e.g. a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.”

 

Comments:

From No. 13 Monmouth Street, the key view that will be affected by the proposal is a horizontal band of distant city views, distant Harbour Bridge & Sydney Tower views, Queen Park and skyline views of Bondi Junction. The views are partially obscured by trees and roof tops. Harbour Bridge & Sydney Tower are “iconic” items.  Refer to Figure 2 below.

 

 

 


Harbour Bridge

 

Bondi Junction

 

Sydney Tower

 

Figure 2: Panoramic views to the north from the front first floor balcony at No. 13 Monmouth Street.

Step 2. “The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.”

 

Comments:

No. 13 Monmouth Street - the views are currently enjoyed across the northern side boundary of the property from the first floor balcony which is at the front of the property, ground level windows to the living room and upper level windows to the lounge and main bedroom. The view from the front balcony and windows are mainly obtained from a standing position.  Refer to Figure 3 to 5 below.

 

Sydney Tower

 

Figure 3: View of the Sydney Tower, photo taken from the front upper level balcony at No. 13 Monmouth Street.

 

Harbour Bridge

 

Bondi Junction

 

Figure 4: Panoramic views to the north from the upper level north facing windows to the rear section of the building at No. 13 Monmouth Street.

 

Figure 5: View of Bondi Junction from the upper level rear lounge room windows of 13 Monmouth Street.

 

Step 3. “The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.”

 

Comments:

The owners of No. 13 Monmouth Street have documented the impacts this proposal would have on views of Queens Park and the Bondi Junction/Sydney CBD skylines enjoyed from both their ground and first floor north facing windows.

 

In evaluating this matter it is noted:

 

·       The views are expansive and, at least in part, arguably include distant view of 'iconic' buildings within the Sydney CBD i.e. Harbour Bridge and Sydney Tower;

·       These views are obtained principally across the side boundaries of the adjacent and nearby properties. The Tenacity planning principle recognises that an expectation to retain side views is often unrealistic;

·       However Tenacity also recognises a development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. As noted previously, this proposal exceeds (in some instances substantially) key built form controls.

 

For the above reasons, it is recommended that the height of the rear flat roof section of the building be reduced by 800mm as this will partially retain the distant views of the 'iconic' buildings within the Sydney CBD and part of the distant Bondi Junction skyline views.  See Figure 6 below.

 

 

Harbour Bridge

 

Bondi Junction

 

Figure 6:  The Top of the shaded area represents the height of the proposed development and the hashed line represents approximate reduced height recommended by the assessment officer.

 

Step 4. “The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.”

 

Comments:

Whilst it is acknowledged that the proposal will result in moderate view loss to the neighbouring property at 13 Monmouth Street. It should be noted that the height of the rear section of the development is excessive. In this regard, an appropriate condition is recommended in this report requiring the height of the rear flat roof section of the building be reduced by 800mm to ensure at least part of distant views of the Sydney CBD and Bondi Junction are retained. This will also improve the environmental amenity of adjoining properties and respectively allowing greater sharing of views.

 

Summary: Having regard to the above assessment, it is considered that the amended proposal subject to the reduction of the building height will be a more skilfully design than the original scheme. The views that are likely to be affected are across the side boundary as such it would be unreasonable to expect the whole views to be retained.

 

10. Environmental Assessment

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

Section 79C(1)(a)(i) – Provisions of any environmental planning instrument

Refer to the “Environmental Planning Instruments” section of this report for details.

Section 79C(1)(a)(ii) – Provisions of any draft environmental planning instrument

Not applicable.

Section 79C(1)(a)(iii) – Provisions of any development control plan

The proposal generally satisfies the preferred solutions in the DCP Dwelling Houses and Attached Dual Occupancies, except where discussed in the key issues section of this report.

 

Section 79C(1)(a)(iiia) – Provisions of any Planning Agreement or draft Planning Agreement

Not applicable.

Section 79C(1)(a)(iv) – Provisions of the regulations

The relevant clauses of the Regulations have been satisfied.

Section 79C(1)(b) – The likely impacts of the development, including environmental impacts on the natural and built environment and social and economic impacts in the locality

The environmental impacts of the proposed development on the natural and built environment, which are otherwise not addressed in this report, are discussed in the paragraphs below.

 

The proposed development is consistent with the dominant residential character in the locality. The proposal is not considered to result in detrimental social or economic impacts on the locality.

 

Section 79C(1)(c) – The suitability of the site for the development

The site is located in close proximity to local services and public transport. The site has sufficient area to accommodate the proposed land use and associated structures. Therefore, the site is considered suitable for the proposed development.

 

Section 79C(1)(d) – Any submissions made in accordance with the EP&A Act or EP&A Regulation

 

The issues raised in the submissions have been addressed in this report.

Section 79C(1)(e) – The public interest

The proposal promotes the objectives of the zone and will not result in any significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is considered to be in the public interest.

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 Outcome 4:       Excellence in urban design and development.

Direction 4a:     Improved design and sustainability across all development.

Direction 4b:     New and existing development is managed by a robust framework.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

For the most part, the amended proposal complies with the relevant assessment criteria and preferred solutions of the DCP for Dwelling Houses and Attached Dual Occupancies.  Where compliance with the preferred solutions has not been achieved, the proposal is considered to be acceptable and satisfied the objectives and performance requirements of the DCP.

 

In terms of view loss, the amended proposal has been assessed using planning principle established by the Land Environmental Court in Tenacity Consulting Pty Ltd vs Warringah Council (2004) proceedings and subject to the reduction of the building height was found to be acceptable in regards to the four step assessment set out by Senior Commissioner Roseth.

 

Having regard to all relevant matters for consideration, the amended proposal will not result in any significant adverse impacts upon either the amenity of the adjoining/nearby properties or the character of the locality within the Conservation area.

 

For the above reasons, the amended proposal is recommended for approval subject to conditions.

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/410/2011 for demolition of the existing structures and construction of a two storey dwelling with part basement level garage and storage and associated works at 11 Monmouth Street, Randwick subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

 

The development must be carried out in accordance with the following conditions of consent.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of environmental amenity.

 

Approved Plans & Supporting Documentation

1.       The development must be implemented substantially in accordance with the plans and supporting documentation listed below and endorsed with Council’s approved stamp, except where amended by Council in red and/or by other conditions of this consent:

 

 

 

Plan

Drawn by

Dated

Received

A01 (Issue No. B)

 

24/01/2012

24 January 2012

A02 (Issue No. D)

Anna Vaughan Architects

8/02/2012

8 February 2012

A03 (Issue No. C)

24/01/2012

24 January 2012

A04 (Issue No. D)

8/02/2012

8 February 2012

A05 (Issue No. C)

24/01/2012

24 January 2012

A06 (Issue No. B)

24/01/2012

24 January 2012

AR07

10/2/2012

10 February 2012

 

BASIX Certificate

No.

Dated

Received

 

379577S_03

 

24 January 2012

24 January 2012

 

Amendment of Plans & Documentation

2.       The approved plans and documents must be amended in accordance with the following requirements:

 

a.   The height of the rear skillion/flat roof portions of the dwelling house shall be reduced by 800mm. Details of compliance are to be submitted to and approved by Council’s Director City Planning. 

 

b.   The north facing windows to the main bedroom must have a minimum sill height of 1.5m above floor level, or the windows must be fixed and be provided with translucent, obscured, frosted or sandblasted glazing below this specified height, or alternatively, the external lourves proposed must extend the full width of the windows. The depth of the screens must have a minimum height of 1.5m above floor level and are to be fixed in an up ward angle to prevent overlooking. Details of compliance are to be submitted to and approve by Council’s Director City Planning.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

 

The following conditions of consent must be complied with before a ‘Construction Certificate’ is issued by either Randwick City Council or an Accredited Certifier.  All necessary information to demonstrate compliance with the following conditions of consent must be included in the documentation for the construction certificate.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent conditions and to achieve reasonable levels of environmental amenity.


 

Consent Requirements

3.       The requirements and amendments detailed in the ‘General Conditions’ must be complied with and be included in the construction certificate plans and associated documentation.

 

External Colours, Materials & Finishes

4.       The colours, materials and finishes of the external surfaces to the building are to be compatible with the existing building and surrounding buildings in the heritage conservation area and consistent with the architectural style of the building.  Details of the proposed colours, materials and textures (i.e.- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

 

Section 94A Development Contributions

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $903,292, the following applicable monetary levy must be paid to Council: $9032.92.

       

The levy must be paid in cash, bank cheque or by credit card prior to a construction certificate being issued for the proposed development.  The development is subject to an index to reflect quarterly variations in the Consumer Price Index (CPI) from the date of Council’s determination to the date of payment.

 

Council’s Section 94A Development Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick or at www.randwick.nsw.gov.au.

 

Long Service Levy Payments

6.       The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, must be forwarded to the Long Service Levy Corporation or the Council, in accordance with Section 109F of the Environmental Planning & Assessment Act 1979.

 

At the time of this development consent, Long Service Levy payment is applicable on building work having a value of $25,000 or more, at the rate of 0.35% of the cost of the works.

 

Security Deposit

7.       The following damage / civil works security deposit requirement must be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to the roadway, footway, verge or any public place; and as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

·           $1000.00    -      Damage / Civil Works Security Deposit

 

The damage/civil works security deposit may be provided by way of a cash, cheque or credit card payment and is refundable upon a satisfactory inspection by Council upon the completion of the civil works which confirms that there has been no damage to Council's infrastructure.

 

The owner/builder is also requested to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

To obtain a refund of relevant deposits, a Security Deposit Refund Form is to be forwarded to Council’s Director of City Services upon issuing of an occupation certificate or completion of the civil works.

 

Design Alignment levels

8.       The design alignment level (the finished level of concrete, paving or the like) at the property boundary for driveways, access ramps and pathways or the like, must match the back of the existing footpath along the full site frontage.

 

The design alignment level/s at the property boundary as issued by Council and their relationship to the footpath must be indicated on the building plans for the construction certificate (a construction note on the plans is considered satisfactory). The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

9.       The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $561.00 calculated at $46.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

 

Driveway Design

10.     The gradient of the internal access driveway must be designed and constructed in accordance with AS 2890.1 (2004) – Off Street Car Parking and the levels of the driveway must match the alignment levels at the property boundary (as specified by Council). Details of compliance are to be included in the construction certificate.

 

Sydney Water

11.     Prior to the issuing of a construction certificate the approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect any Sydney Water asset’s sewer and water mains, stormwater drains and/or easement, and if further requirements need to be met. Plans will be appropriately stamped.

 

         Please refer to the web site www.sydneywater.com.au for Quick Check agent details and Guidelines for Building Over/Adjacent to Sydney Water Assets.

 

Stormwater Drainage

12.     Prior to the issue of a construction certificate detailed drainage plans shall be prepared by a suitably qualified hydraulic engineer and submitted to and approved by the certifying authority. A copy of the plans shall be forwarded to Council, if Council is not the certifying authority. The drainage plans must demonstrate compliance with Australian Standard 3500.3:2003 (Plumbing and Drainage - Stormwater Drainage) except as varied by the conditions of this development approval.

 

13.     Generally all site stormwater shall be piped to a sediment/silt arrester pit that drains to an infiltration area with a minimum 5 m2 base area. An overflow pipe shall be provided from the silt arrestor pit to drain to Council's kerb and gutter.

 

NOTES:

 

a.       The sediment/silt arrestor pit shall be constructed:-

(i)   within the site at or near the street boundary.

(ii)   with a child proof and corrosion resistant fastening system (e.g. spring loaded jay-bolt).

(iii)  with a minimum of 4 x 90 mm diameter weep holes (preferably located in the walls of the pit at the floor level) and with a suitable geotextile material with a high filtration rating located around the weep holes.

(iv)  with the pit floor being a minimum 300mm below the invert level of the outlet pipelines.

(v)  with a galvanised heavy duty screen (Lysaght RH3030 Maximesh`01

(vi)  or similar) located over the outlet pipes draining to the infiltration pit and the kerb. (Similar to a Mascot GRC stormwater discharge control pit, product code DS3SDC).

 

b.       The infiltration/rubble pit shall:-

i.   have a minimum 300 mm of soil cover (600 mm where the pit is located under a garden/landscaping area).

ii.   be located a minimum of 3.0 metres from the dwelling or other structure (closer if a structural engineer certifies that the infiltration area will not adversely affect the structure) and 2.1 metres from the adjacent side or rear boundaries.

iii.  be constructed with a minimum 200 mm thick layer of 20 mm basalt/blue metal (or similar) that is wrapped in a suitable geotextile material covering with a high filtration rating (Geofabrics Bidim "A" range of filtration fabrics or equivalent). A suitable means of dispersing the stormwater over the area of infiltration is to be constructed. Other equivalent methods of infiltration may be adopted.

iv.  have a minimum base area of  5.0 square metres (m2).

NOTE: The outlet from the silt arrestor pit to the infiltration area shall be located at least 50 mm below the outlet from the silt arrestor pit to the kerb and gutter.

 

c.       The requirement for an infiltration/rubble pit will not be enforced should the underground soil conditions preclude the construction of the infiltration pit (eg rock is located within 300 mm of the base of the infiltration area). If the infiltration/rubble pit is not constructed then all site stormwater shall be discharged to the kerb and gutter via a sediment/silt arrestor pit (as detailed in note a. above).

 

 All works shall be to the satisfaction of the certifying authority.

 

d.       The overflow pipe/s from the rainwater tank/s shall be directed into the infiltration area.

 

14.     Site seepage and sub-soil drainage (from planter boxes etc) must comply with the following requirements:

 

a)    Seepage/ground water and subsoil drainage (from planter boxes etc) must not be collected & discharged directly or indirectly to  Council’s street gutter or underground drainage system

 

b)    Adequate provision is to be made for the ground water to drain around the basement garage (to ensure it will not dam or slow the movement of the ground water through the development site).

 

c)    The walls of the basement level/s of the building are to be waterproofed/tanked to restrict the entry of any seepage water and subsoil drainage into the basement level/s of the building and the stormwater drainage system for the development.

 

d)    Sub-soil drainage systems may discharge via infiltration subject to the hydraulic consultant/engineer being satisfied that the site and soil conditions are suitable and the seepage is able to be fully managed within the site, without causing a nuisance to any premises and ensuring that it does not drain or discharge (directly or indirectly) to the street gutter.

               

e)    Details of the proposed stormwater drainage system including methods of tanking/waterproofing the basement level/s and any sub-soil drainage systems (as applicable) must be prepared or approved by a suitably qualified and experienced Professional Engineer to the satisfaction of the Certifying Authority and details are to be included in the construction certificate.

 

            Protection of Street Tree

15.     In order to ensure retention of the Lophostemon confertus (Brush Box) located on Council’s Monmouth Street verge, to the north of the existing/proposed vehicle crossing, in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the Construction Certificate application must show the retention of this street tree, with the position and diameter of both its trunk and canopy to be clearly and accurately shown on all drawings.

 

b.       Any excavations for the northern edge of the proposed vehicle crossing must be setback a minimum distance of 1600m from its trunk, measured off its outside edge at ground level, as has been shown on the submitted plan, A06, issue B, dated 24.01.12, with the PCA to confirm compliance with this requirement, prior to issuing a Final Occupation Certificate.

 

c.       Removal of the existing vehicle crossing must be performed carefully so as to avoid the indiscriminate damage of roots, with the finished ground levels surrounding its trunk to be graded smoothly and evenly upon completion, similar to existing levels/grades.

 

d.       Any excavations associated with the installation of new services, pipes, stormwater systems or similar over public property must be located along either of the sites side boundaries only.

 

e.       This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located a minimum distance of 1.5 metres to its north and south (measured off the outside edge of its trunk at ground level), as well as matching up with the back of the kerb to its west, and pedestrian footpath to its east, in order to completely enclose this tree for the duration of works.

 

f.        This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed, to which signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION ZONE (TPZ), DO NOT REMOVE/ENTER".

 

g.       The applicant is not authorised to perform any works to this street tree, and shall contact Council’s Landscape Development Officer on 9399-0613 should pruning or any similar such work appear necessary. The applicant will be required to cover all associated costs with such work if needed, to Council’s satisfaction, and prior to the issue of a Final Occupation Certificate.

 

h.       Within the TPZ described in point ‘e’ above, there is to be no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble, with all Site Management Plans needing to acknowledge these requirements.

 

i.        Any roots encountered during the course of the approved works must be cut cleanly by hand, with the affected area to be backfilled with clean site soil as soon as practically possible.

 

j.        A refundable deposit in the form of cash, credit card or cheque for an amount of $2,500.00 must be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of the tree.

 

The refundable deposit will be eligible for refund following the issue of a Final Occupation Certificate, subject to completion and submission of Council’s ‘Security Deposit Refund Application Form’, and pending a satisfactory inspection by Council’s Landscape Development Officer (9399-0613).

 

Any contravention of Council's conditions relating to the tree at any time during the course of the works, or prior to the issue of a final occupation certificate, may result in Council claiming all or part of the lodged security in order to perform any rectification works necessary, as per the requirements of 80A (6) of the Environmental Planning and Assessment Act 1979.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

 

The requirements contained in the following conditions of consent must be complied with and details of compliance must be included in the construction certificate for the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Councils development consent conditions and to achieve reasonable levels of environmental amenity.

 

Compliance with the Building Code of Australia

16.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that all building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA).  Details of compliance with the BCA are to be included in the construction certificate application.

 

Smoke Alarms

17.     Smoke alarms are required to be installed in accordance with the relevant provisions of the Building Code of Australia (volume 2) and smoke alarms must comply with AS3786.  Smoke alarms must be connected to the consumer mains electric power supply and provided with a battery back-up.  Details of compliance are to be included in the construction certificate.

 

BASIX Requirements

18.     In accordance with section 80A(11) of the Environmental Planning & Assessment Act 1979 and clause 97A of the Environmental Planning & Assessment Regulation 2000, the requirements and commitments contained in the relevant BASIX Certificate must be complied with.

 

The required commitments listed and identified in the BASIX Certificate must be included on the construction certificate plans, specifications and associated documentation, to the satisfaction of the Certifying Authority.

 

The design of the building must not be inconsistent with the development consent and any proposed variations to the building to achieve the BASIX commitments may necessitate a new development consent or amendment to the existing consent to be obtained, prior to a construction certificate being issued.

 

Stormwater Drainage

19.     A surface water/stormwater drainage system must be provided in accordance with the following requirements, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate:-

 

a)     Surface water/stormwater drainage systems must be provided in accordance with the relevant provisions of the Building Code of Australia (Volume 2) and relevant Standards;

 

b)     The surface water/stormwater must be drained and discharged to the street gutter or, subject to site suitability, the stormwater may be drained to a suitably designed absorption pit;

 

c)     Any absorption pits or soaker wells should be located not less than 3m from any adjoining premises and the stormwater must not be directed to any adjoining premises or cause a nuisance;

 

d)     External paths and ground surfaces are to be constructed at appropriate levels and be graded and drained away from the building and adjoining premises, so as not to result in the entry of water into the building, or cause a nuisance or damage to the adjoining premises;

 

e)     Details of any proposed drainage systems or works to be carried out in the road, footpath or nature strip must be submitted to and approved by Council before commencing these works:

 

f)      A certificate, from a suitably qualified person must be submitted to the PCA and Council, prior to the issue of an Occupation Certificate, which confirms that the stormwater drainage system has been provided in accordance with the requirements of this consent, relevant standards and requirements.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

 

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The necessary documentation and information must be provided to the Council or the ‘Principal Certifying Authority’, as applicable.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity.

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

 

20.     Prior to the commencement of any building works, the following requirements must be complied with:

 

a)     a Construction Certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979.

 

A copy of the construction certificate, the approved development consent plans and consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.

 

b)     a Principal Certifying Authority (PCA) must be appointed to carry out the necessary building inspections and to issue an occupation certificate; and

 

c)     a principal contractor must be appointed for the building work, or in relation to residential building work, an owner-builder permit may be obtained in accordance with the requirements of the Home Building Act 1989, and the PCA and Council are to be notified accordingly; and

 

d)     the principal contractor must be advised of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority; and

 

e)     at least two days notice must be given to the Council, in writing, prior to commencing any works.

 

Home Building Act 1989

21.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, the requirements of the Home Building Act 1989 must be complied with.

 

Details of the Licensed Building Contractor and a copy of the relevant Certificate of Home Warranty Insurance or a copy of the Owner-Builder Permit (as applicable) must be provided to the Principal Certifying Authority and Council.

 

Dilapidation Reports

22.     A dilapidation report prepared by a professional engineer, building surveyor or other suitably qualified independent person must be submitted to the satisfaction of the Principal Certifying Authority prior to commencement of any demolition, excavation or building works, in the following cases:

 

·        excavations for new dwellings, additions to dwellings, swimming pools or the like which are proposed to be located within the zone of influence of the footings of any dwelling, associated garage or other substantial structure located upon an adjoining  premises,

·        new dwellings or additions to dwellings sited up to shared property boundaries (e.g.  additions to a semi-detached dwelling or terraced dwellings),

·        excavations for new dwellings, additions to dwellings, swimming pools or the like which are within rock and may result in vibration and or potential damage to any dwelling, associated garage or other substantial structure located upon an adjoining  premises,

·            as otherwise may be required by the Principal Certifying Authority.

 

The report (including photographs) are required to detail the current condition and status of any dwelling, associated garage or other substantial structure located upon the adjoining premises.  A copy of the dilapidation report is to be given to the owners of the premises encompassed in the report/s before commencing any works.

 

Construction Noise & Vibration Management Plan

23.     Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant requirements of the Protection of the Environment Operations Act 1997 and NSW DECC Guidelines must be satisfied at all times.

 

Noise and vibration from any rock excavation machinery, pile drivers and all plant and equipment must be minimised, by using appropriate plant and equipment, silencers and the implementation of noise management strategies.

 

A Construction Noise Management Plan, prepared in accordance with the NSW DECC Construction Noise Guideline by a suitably qualified person, is to be implemented throughout the works, to the satisfaction of the Council.  A copy of the strategy must be provided to the Principal Certifying Authority and Council prior to the commencement of works on site.

 

Temporary Site Fencing

24.     Temporary site safety fencing must be provided to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres). 

 

Temporary site fences are to have a height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

Temporary site fences are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

Temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

If it is proposed to locate any site fencing, hoardings, amenities or articles upon any part of the footpath, nature strip or public place at any time, a Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services before placing any item or article on the road, footpath or nature strip.

 

Construction Site Management

25.     A Construction Site Management Plan must be developed and implemented prior to the commencement of any works. The construction site management plan must include the following measures, as applicable to the type of development:

 

·            location and construction of protective fencing / hoardings to the perimeter of the site;

·            location of site storage areas/sheds/equipment;

·            location of building materials for construction;

·            provisions for public safety;

·            dust control measures;

·            site access location and construction

·            details of methods of disposal of demolition materials;

·            protective measures for tree preservation;

·            provisions for temporary sanitary facilities;

·            location and size of waste containers/bulk bins;

·            details of proposed sediment and erosion control measures;

·            provisions for temporary stormwater drainage;

·            construction noise and vibration management;

·            construction traffic management details.

 

The site management measures must be implemented prior to the commencement of any site works and be maintained throughout the works, to the satisfaction of Council.

 

A copy of the Construction Site Management Plan must be provided to the Principal Certifying Authority and Council prior to commencing site works.  A copy must also be maintained on site and be made available to Council officers upon request.

 

Demolition Work Plan

26.     A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures and relevant environmental/occupational health and safety requirements.

 

The Demolition Work Plan must include the following information (as applicable):

·            The name, address, contact details and licence number of the Demolisher /Asbestos Removal Contractor

·            Details of hazardous materials (including asbestos)

·            Method/s of demolition (including removal of any asbestos)

·            Measures and processes to be implemented to ensure the health & safety of workers and community

·            Measures to be implemented to minimise any airborne dust and asbestos

·            Methods and location of disposal of any hazardous materials (including asbestos)

·            Other relevant details, measures and requirements to be implemented

·            Date the demolition works will commence

 

The Demolition Work Plan must be submitted to the Principal Certifying Authority (PCA), not less than two (2) working days before commencing any demolition work.  A copy of the Demolition Work Plan must be maintained on site and be made available to Council officers upon request.

 

If the work involves asbestos products or materials, a copy of the Demolition Work Plan must also be provided to Council not less than 2 days before commencing those works.

 

Notes

 

§  It is the responsibility of the persons undertaking demolition work to obtain the relevant WorkCover licences and permits.

§  Refer to the conditions within the “Requirements During Construction & Site Work”, for further details and requirements relating to demolition work, removal of any asbestos and public safety.

 

 

 

Demolition & Construction Waste

27.     A Demolition and Construction Waste Management Plan (WMP) must be development and implemented for the development.

 

The Waste Management Plan must provide details of the type and quantities of demolition and construction waste materials, proposed re-use and recycling of materials, methods of disposal and details of recycling outlets and land fill sites.

 

Where practicable waste materials must be re-used or recycled, rather than disposed and further details of Council's requirements including relevant guidelines and pro-forma WMP forms can be obtained from Council's Customer Service Centre or by telephoning Council on 9399 0999.

 

Details and receipts verifying the recycling and disposal of materials must be kept on site at all times and presented to Council officers upon request.

 

Sydney Water

28.     All building, plumbing and drainage work must be carried out in accordance with the requirements of the Sydney Water Corporation.

 

Prior to the commencement of excavation or building works, the approved Construction Certificate plans must be submitted to a Sydney Water Quick Check agent or Customer Centre, to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if any further requirements need to be met. 

 

If suitable, the plans will be appropriately stamped.  For Quick Check agent details please refer to Sydney Water’s web site at www.sydneywater.com.au and go to the Building, Developing and Plumbing, then Quick Check or Building and Renovating or telephone 13 20 92.

 

The principal certifying authority must ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before commencing works.

 

Demolition & Construction Waste

29.     A Demolition and Construction Waste Management Plan (WMP) must be development and implemented for the development, to the satisfaction of Council.

 

The Waste Management Plan must provide details of the type and quantities of demolition and construction waste materials, proposed re-use and recycling of materials, methods of disposal and details of recycling outlets and land fill sites.

 

Where practicable waste materials must be re-used or recycled, rather than disposed and further details of Council's requirements including relevant guidelines and pro-forma WMP forms can be obtained from Council's Customer Service Centre or by telephoning Council on 9399 0999.

 

Details and receipts verifying the recycling and disposal of materials must be kept on site at all times and presented to Council officers upon request.

 

Public Utilities

30.     A Public Utility Impact Assessment must be carried out to identify all public utility services located on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the building works.

 

Documentary evidence from the relevant public utility authorities confirming that their requirements have been or are able to be satisfied, must be submitted to the Principal Certifying Authority prior to the commencement of any works.

 

The owner/builder must make the necessary arrangements and meet the full cost for telecommunication companies, gas providers, Energy Australia, Sydney Water and other authorities to adjust, repair or relocate their services as required.

 

Landscaping

31.     A landscape plan prepared by a qualified professional in the Landscape/Horticultural industry (must be a registered member of either AILDM or AILA) shall be submitted to, and be approved by, the PCA, prior to the commencement of works, and must detail the following:

 

a)       A Planting Plan & Plant Schedule which includes proposed species, botanic and common names, pot size at the time of planting, quantity, location, dimensions at maturity and any other landscape details in order to describe the proposed works;

 

b)       A predominance of species that are not dependant on high rates of moisture and fertiliser for survival;

 

c)       At least 1 x 25 litre (pot size at the time of planting) tree within the site, selecting a feature species that will attain a minimum height of between 4-7 metres at maturity;

 

d)       Decorative treatment throughout the front portion, within those garden areas surrounding the proposed garage, so as to assist with presentation of the site, and will including cascading, spill-over type plants in the podium planter fronting the street, and which must have a minimum soil depth and width of 600mm.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

 

The following conditions of consent must be complied with during the demolition, excavation and construction of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity during construction.

 

Inspections During Construction

32.     The building works must be inspected by the Principal Certifying Authority, in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

The Principal Certifying Authority must specify the relevant stages of construction to be inspected and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

Site Signage

33.     A sign must be erected and maintained in a prominent position on the site for the duration of the works, which contains the following details:

 

·        name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable)

·        name, address and telephone number of the Principal Certifying Authority,

·        a statement stating that “unauthorised entry to the work site is prohibited”.

 

Restriction on Working Hours

34.     Building, demolition and associated site works must be carried out in accordance with the following requirements:

 

Activity

Permitted working hours

All building, demolition and site work, including site deliveries (except as detailed below)

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

 

Excavating of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

An application to vary the abovementioned hours may be submitted to Council’s Manager Health, Building & Regulatory Services for consideration and approval to vary the specified hours may be granted in exceptional circumstances and for limited occasions (e.g. for public safety, traffic management or road safety reasons).  Any applications are to be made on the standard application form and include payment of the relevant fees and supporting information.  Applications must be made at least 10 days prior to the date of the proposed work and the prior written approval of Council must be obtained to vary the standard permitted working hours.

 

Demolition Work Requirements

35.     All work and activities must be carried out in accordance with the relevant regulatory requirements and Randwick City Council policies, including:

 

·           Occupational Health & Safety Act 2000 & Regulations

·           WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·           WorkCover NSW Guidelines and Codes of Practice

·           Australian Standard 2601 (2001) – Demolition of Structures

·           The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 2005

·           Relevant DECCW/EPA Guidelines

·           Randwick City Council Asbestos Policy

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development section or a copy can be obtained from Council’s Customer Service Centre.

 


Removal of Asbestos Materials

36.     Work involving the demolition, storage or disposal of asbestos products and materials must be carried out in accordance with the following requirements:

 

·        Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·        Randwick City Council’s Asbestos Policy

 

·        A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation).  Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.  A copy of the relevant licence must be provided to the Principal Certifying Authority.

 

·        On sites involving the removal of asbestos, a sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and include details of the licensed contractor.

 

·        Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2005.  Details of the landfill site (which must be lawfully able to receive asbestos materials) must be provided to the Principal Certifying Authority.

 

·        A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council and the Principal certifying authority upon completion of the asbestos related works which confirms that the asbestos material have been removed appropriately and the relevant conditions of consent have been satisfied.

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development Section or a copy can be obtained from Council’s Customer Service Centre.

 

Sediment & Erosion Control

37.     Sediment and erosion control measures, must be implemented throughout the site works in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to Council’s satisfaction.

 

Details must be shown in a Sediment and Erosion Control Plan, including; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment, methods of sediment control, details of drainage systems and details of existing and proposed vegetation.

 

A copy of the Sediment and Erosion Control Plan must be provided to the Principal Certifying Authority and a copy must be maintained on site and be made available to Council officers upon request.

 

 

 

Public Safety & Site Management

38.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be complied with:

 

·          Building materials, sand, soil, waste materials, construction equipment or other articles must not be placed upon the footpath, roadway or nature strip at any time.

 

·          The road, footpath, vehicular crossing and nature strip must be maintained in a good, safe, clean condition and free from any excavations, obstructions, trip hazards, goods, materials, soils or debris at all times.  Any damage caused to the road, footway, vehicular crossing, nature strip or any public place must be repaired immediately, to the satisfaction of Council.

 

·          Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

·          Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council.  Applications to place a waste container in a public place can be made to Council’s Health, Building and Regulatory Services department.

 

·          Temporary safety fencing is to be provided to any swimming pools under construction, pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

Support of Adjoining Land, Excavations & Retaining Walls

39.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 E of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that the adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

40.     All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations must be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

Retaining walls, shoring or piling must be provided to support land which is excavated in association with the erection or demolition of a building, to prevent the movement of soil and to support the adjacent land and buildings, if the soil conditions require it.  Adequate provisions are also to be made for drainage.

 

Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

41.     Prior to undertaking any demolition, excavation or building work in the following circumstances, a report must be obtained from a professional engineer which details the methods of support for the dwelling or associated structure on the adjoining land, to the satisfaction of the Principal Certifying Authority:

 

·      when undertaking excavation or building work within the zone of influence of the footings of a dwelling or associated structure that is located on the adjoining land;

·      when undertaking demolition work to a wall of a dwelling that is built to a common or shared boundary (eg. semi-detached or terrace dwelling);

·      when constructing a wall to a dwelling or associated structure that is located within 900mm of a dwelling located on the adjoining land.

 

The demolition, excavation and building work and the provision of support to the dwelling or associated structure on the adjoining land, must also be carried out in accordance with the abovementioned report, to the satisfaction of the Principal Certifying Authority.

 

Survey Requirements

42.     A Registered Surveyor’s check survey certificate or other suitable documentation must be obtained at the following stage/s of construction to demonstrate compliance with the approved setbacks, levels, layout and height of the building to the satisfaction of the Principal Certifying Authority (PCA):

 

·           prior to construction (pouring of concrete) of the footings or first completed floor slab,

·           upon completion of the building, prior to issuing an occupation certificate,

·           as otherwise may be required by the PCA.

 

The survey documentation must be forwarded to the Principal Certifying Authority and a copy is to be forwarded to the Council, if the Council is not the Principal Certifying Authority for the development.  

 

Building Encroachments

43.     There must be no encroachment of any structures or building work onto Council’s road reserve, footway, nature strip or public place.

 

Site Amenities

44.     Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, to the satisfaction of WorkCover NSW and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

Road/Asset Opening Permit

45.     A Road / Asset Opening Permit must be obtained from Council prior to commencing any excavations or works within or upon a road, footpath, nature strip or in any public place, in accordance with section 138 of the Roads Act 1993 and all of the conditions and requirements contained in the Road / Asset Opening Permit must be complied with.

 

For further information, please contact Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

Tree Management

46.     With the exception of the large Gum Tree growing on the rear (eastern) boundary, halfway across the width of the site, no objections are raised to the removal of any other existing vegetation within the site, due to their small size and insignificance, as well as to accommodate the proposed works as shown, subject to full implementation of the approved landscaping.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

 

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’.

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health, safety and amenity.

 

Occupation Certificate Requirements

47.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 


An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The relevant requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

BASIX Requirements

48.     In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue an Occupation Certificate for this development, unless it is satisfied that each of the required BASIX commitments have been fulfilled.

 

Relevant documentary evidence of compliance with the BASIX commitments is to be forwarded to the Council upon issuing an Occupation Certificate.

 

Occupant Safety

49.     Openable windows to a room, corridor, stairway or the like with a floor level more than 4m above the external ground/surface level, must be designed and constructed to reduce the likelihood of a child accessing and falling through the window opening.

 

Options may include one or more of the following measures:

 

·           The window having a minimum sill height of 1.5m above the internal floor level,

·           Providing a window locking device at least 1.5m above the internal floor level,

·           Fixing or securing the window (e.g. by screws or a window locking device) to restrict or to be able to secure the extent of the opening to a maximum width of 125mm,

·           Installing a fixed heavy-duty gauge metal screen over the opening (e.g. A metal security screen or metal security mesh and frame system, but not standard fly-screen material),

·           Other appropriate effective safety measures or barrier.

 

The relevant measures must be implemented prior to issue of an occupation certificate.

 

Swimming Pool Safety

50.     Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926.1 - 2007.

 

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

A ‘warning notice’ must be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

 


Swimming Pool Requirements

51.     Swimming pools are to be designed, installed and operated in accordance with the following general requirements:

 

a)     Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation; and

 

b)     All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises; and

                 

c)     Water recirculation and filtrations systems are required to comply with AS 1926.3 – 2003:  Swimming Pool Safety – Water Recirculation and Filtration Systems; and

 

d)     Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

Notification of Swimming Pools

52.     Written notification must be provided to Council advising of the installation and completion of the Swimming Pool, to satisfy the requirements of the Swimming Pools Act 1992.

 

Council’s “Notification & Registration of a Swimming Pool” form must be completed and forwarded to Council prior to any Occupation Certificate being issued for the pool.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

53.     Prior to the issuing of an occupation certificate the applicant must meet the full cost for Council or a Council approved contractor to:

a)       Construct concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

Note: The northern edge of the concrete vehicular crossing is to be no closer than 1.60m from the outside edge of the trunk of the Council street tree ( see submitted plan Dwg No A06 Issue B dated 24.01.12 and also Street Tree Protection condition)

b)       Remove the redundant concrete vehicular crossing and layback and to reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification.

 

54.     The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

55.     All external civil work to be carried out on Council property (including the installation and repair of roads, footpaths, vehicular crossings, kerb and guttering and drainage works), must be carried out in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works" and the following requirements:

 

a)     All work on Council land must be carried out by Council, unless specific written approval has been obtained from Council to use non-Council contractors.

 

b)     Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to issuing an occupation certificate, together with payment of the relevant fees.

 

c)     If it is proposed to use non-Council contractors to carry out the civil works on Council land, the work must not commence until the written approval has been obtained from Council and the work must be carried out in accordance with the conditions of consent, Council’s design details and payment of a Council design and supervision fee.

 

d)     The civil works must be completed in accordance with Council’s conditions of consent and approved design and construction documentation, prior to occupation of the development, or as otherwise approved by Council in writing.

 

56.     The PCA must ensure that the landscaping is installed in accordance with the approved plan and relevant conditions of consent, prior to the issue of a Final Occupation Certificate, with the owner to maintain it in a healthy and vigorous state until maturity.

 

57.     The nature-strip upon Council's footway shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu Turf or similar. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

Stormwater Drainage

58.     Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with Australian Standard 3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and the conditions of this development approval. The certification must be provided following inspection/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

OPERATIONAL CONDITIONS

 

The following operational conditions must be complied with at all times, throughout the use and operation of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health and environmental amenity.

 


External Lighting

59.     External lighting to the premises must be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

Use of premises

60.     The premises is to be used as a single residential dwelling only at all times and must not be used for dual or multi-occupancy purposes.

 

Street Numbering

61.     Street numbering must be provided to the front of the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council.

 

Waste Management

62.     Adequate provisions are to be made within the premises for the storage and removal of waste and recyclable materials, to the satisfaction of Council.

 

Protection of the Environment Operations Act 1997 – Swimming Pools

63.     The operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

Pool Plant & Equipment

64.     The pool plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

·       before 8.00am or after 8.00pm on any Sunday or public holiday; or

·       before 7.00am or after 8.00pm on any other day.

 

Protection of the Environment Operations Act 1997 – Air Conditioners

65.     The operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

Air Conditioning & Equipment

66.     Air conditioning plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

·       before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

·       before 7.00am or after 10.00pm on any other day.

 

67.     Protection of the Environment Operations Act 1997 – Rainwater Tanks

The operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

 

Rainwater Tank Requirements

68.     The installation of rainwater tanks shall comply with the following noise control requirements:-

 

a)    The operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

 

b)    Plant and equipment associated with rainwater tanks are to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

c)    The operation of plant and equipment associated with rainwater tanks are to be restricted to the following hours if the noise emitted can be heard within a habitable room in any other residential premises:

 

·      before 8.00am or after 8.00pm on weekends or public holiday; or

·      before 7.00am or after 8.00pm on weekdays.

 

 

 

 

 

ADVISORY NOTES

 

The following information is provided for your assistance to ensure compliance with the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, or other relevant legislation and Council’s policies.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

 

A1      The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $1,500) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

A2      Demolition, building or excavation work must not be commenced until;

 

§  A Construction Certificate has been obtained from Council or an Accredited Certifier

§  Council or an Accredited Certifier has been appointed as the Principal Certifying Authority for the development

§  Council and the Principal Certifying Authority have been given at least 2 days notice (in writing) prior to commencing any works.

 

A3      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA) and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards and you are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A4      Council’s Building Approvals & Certification team can issue Construction Certificates and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent, relevant building regulations and standards of construction.  For further details contact Council’s Building Approvals & Certification team on 9399 0944.

 

A5      A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

 

§  Install or erect any site fencing, hoardings or site structures

§  Operate a crane or hoist goods or materials over a footpath or road

§  Placement of a waste skip or any other container or article.

 

For further information please contact Council’s Building Approvals & Certification team on 9399 0944.

 

A6      Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the Certifying Authority.

 

A7      This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

§  the consent of the owners of such adjoining or supported land to trespass or encroach, or

§  an access order under the Access to Neighbouring Land Act 2000, or

§  an easement under section 88K of the Conveyancing Act 1919, or

§  an easement under section 40 of the Land & Environment Court Act 1979, as appropriate.

 

Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land.  Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

 

A8      The finished ground levels external to the building must be consistent with the development consent and are not to be raised, other than for the provision of approved paving or the like on the ground.

 

A9      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A10     Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

A11     The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

A12     Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

Attachment/s:

 

Nil

 


Planning Committee                                                                                                10 April 2012

 

 

Development Application Report No. D27/12

 

 

Subject:                  10/311-313 Maroubra Road, Maroubra (DA/55/2012)

Folder No:                   DA/55/2012

Author:                   GAT & Associates , Pty Ltd     

 

Proposal:                     Unit 10 - Construction of new awning over part of the terrace area

Ward:                      Central Ward

Applicant:                Ms K Lymbery

Owner:                         The Owners - Strata Plan No. 64375

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 


1.    Executive Summary

 

The application is reported to Council as the applicant is related to a Council employee.

 

This proposal relates to the erection of a partial roof cover (awning structure) of an existing roof top terrace. This area of the roof top is part of the strata plan which is attached to Unit 10 at 311-313 Maroubra Road, Maroubra. At present the subject rooftop area is used as an open terrace but has no structures on it other than the balustrade. The site has been inspected and the loss of privacy and increase in the bulk of the building in relation to the dwellings to the south were discussed with the owner/applicant. At this onsite meeting the owner/applicant raised a number of constraints to the positioning of the awning such as the need to anchor the awning into the balustrade rather than the floor due to water proofing problems and wanting to have the awning positioned away from a vent. They also argued that there would be no difference to the use of the terrace as it already exists. However, when constructed, the design of this development took into account the potential overlooking of the neighbours to the south by the erection of planter boxes along the southern most edge of the roof top terrace. These planters have now been removed and as such it is not considered to be reasonable to erect the awning over this area as the planter boxes were designed to prevent overlooking of adjoining properties.

 

While it is appreciated that there are constraints to the positioning of an awning structure this does not outweigh the necessity to address potential amenity impacts. The increased bulk has not been addressed and the application is therefore recommended for refusal. It is noted that the issue with this application is the proposed location of the structure on the southern edge of the building, which is sited in an area where there are opportunities for overlooking of several private open spaces due to the removal of the planter boxes and be visible from all of these spaces.

 

The application is recommended for refusal.

 

2.    The Proposal

 

The proposal is for the erection of an awning over an existing roof top terrace of Unit 10, 311-313 Maroubra Road, Maroubra. The awning is 4.910 metres in length and is the width of the roof terrace at 6.390 metres. The total area of the awning is 34.51 square metres. It is 2.878 metres in height, at its highest point. The awning is proposed to be located at the southern most end of the rooftop terrace, which is currently an open, uncovered area of 112.40 square metres. A spiral staircase which is located in the south western corner of the building connects Unit 10 to this outdoor terrace area. The total area of the unit is 133.86 square metres. The purpose of the awning is to make the roof terrace more usable. It will provide shelter from sun and possibly wind (with the use of outdoor cafe blinds which are not part of this application but which would not require consent).

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the southern side of Maroubra Road between Flowers Street and Mons Avenue. This section of Maroubra Road is developed with residential flat buildings. To the south of the site are single detached dwellings which front Haig Avenue. All of these properties have their areas of private open space to the rear.

 

Figure 1: The subject site and surrounding area

 

4.    Site History

 

DA/617/1997       Approved - 3 Storey residential flat building (10 units) & semi basement parking for 12 cars.

 

5.    Community Consultation

 

5.1 Objections

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification. As a result of this notification, one submission was received.

 

70 Haig Street, Maroubra

Issue

Comment

Visual intrusion and excessive height

Agreed that the proposed awning will increase the height of the building when viewed from the rear.

Noise Impact from the covered roof terrace

Agreed, given the proposed location of the awning and the removal of the planter boxes from the edge of the terrace at the southern end of the building.

Increased invasion of privacy and suggestion for the proposed waning to be moved to the northern end of the terrace.

Agreed, given the proposed location at the southern end of the terrace. The relocation of the awning at the other end of the terrace, while slightly less inconvenient for the occupants of Unit 10 will resolve any proximity issues to the single detached dwellings to the rear as is considered to be a reasonable solution.

 

5.2 Support

No support was received

 

6.    Technical Officers Comments

 

Technical comments are not required for this application.

7.    Master Planning Requirements

 

A Master Plan is not relevant to this application.

 

8.    Relevant Environmental Planning Instruments

 

The Development application has been assessed in accordance with the provisions of the following relevant planning documents:

 

(a)    Randwick Local Environmental Plan 1998

The site is zoned Residential 2(c) under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

The site is zoned Residential 2c under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent.

The proposal in its current form is inconsistent with the aims of RLEP 1998 and the specific objectives of the 2 C zone in that the proposed built form will not maintain the desirable attributes of the established residential area or protect the amenity of existing residents. However, if the awning was moved to the northern end of the roof terrace as suggested to the applicant, then the proposal would comply.

 

8.1 Policy Controls

 

a.      Development Control Plan No. Development Control Plan Multi-unit Housing.

 

Privacy

One of the two stated objectives of part 4.2 of the Development Control Plan is to

 

“Respect the existing level of privacy of adjoining and nearby properties.”

 

Comments: When constructed, the design of this development took into account the potential overlooking of the neighbours to the south by the erection of planter boxes along the southern most edge of the roof top terrace.  These planters have now been removed and as such it is not considered to be reasonable to erect the awning over this area.

 

The proposal in its current form does not satisfy the stated objective of privacy or the Performance Requirement P1 for visual privacy.

 

Height

Two of the three stated objectives for Part 3.2 of the Development Control Plan include to-

 

“Minimise the impact of development on adjoining and nearby land; and to

 

Control the bulk and scale of development.”

 

Comments: Building height is one of the major factors in relation to the loss of privacy to adjoining properties; particularly where a development adjoins the rear yards of adjacent dwellings. The proposal would result in the 3 metre high structure being positioned at the southern end of the terrace which would add 3 metres to the height of the building when viewed from the private open spaces of the adjoining properties in Haig Avenue. While the proposal currently before Council is an open structure, there would be the potential to semi enclose the structure at a later date which would increase the bulk and scale of this development to its neighbours to the south.

 

In this case, it is considered that the proposal in its current form, with the awning located on the southern edge of the roof top, does not comply with the relevant stated objectives for height and performance requirement P2 as the bulk of the building (awning structure) has not been positioned  to minimise the impacts onto the adjoining properties.

 

8.2 Council Policies

There are no specific policies which affect this proposal.

 

9.    Environmental Assessment

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

Section 79C(1)(a)(i) – Provisions of any environmental planning instrument

Randwick Local Environmental Plan 1998 (Consolidation).

The site is zoned Residential 2C under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent.

The proposal is inconsistent with the aims of RLEP 1998 and the specific objectives of the 2C zone in that the proposed activity and built form will not maintain enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality.

Section 79C(1)(a)(ii) – Provisions of any draft environmental planning instrument

The proposal is inconsistent with the provisions of the Draft LEP 2012.

Section 79C(1)(a)(iii) – Provisions of any development control plan

The proposal generally in its current form does not satisfy the performance requirements in the DCP Multi unit housing where discussed in the key issues section of this report.

Section 79C(1)(a)(iiia) – Provisions of any Planning Agreement or draft Planning Agreement

Not applicable.

Section 79C(1)(a)(iv) – Provisions of the regulations

The relevant clauses of the Regulations have been satisfied.

Section 79C(1)(b) – The likely impacts of the development, including environmental impacts on the natural and built environment and social and economic impacts in the locality

 

The environmental impacts of the proposed development on the natural and built environment, which are otherwise not addressed in this report, are discussed in the paragraphs below.

 

The proposed development is inconsistent with the dominant residential character in the locality.

Section 79C(1)(c) – The suitability of the site for the development

The site is not considered suitable for the proposed development in its current form.

Section 79C(1)(d) – Any submissions made in accordance with the EP&A Act or EP&A Regulation

 

The issues raised in the submissions have been addressed in this report.

Section 79C(1)(e) – The public interest

The proposal does not promote the objectives of the zone and will result in any significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is not considered to be in the public interest.

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

Direction 4b:      New and existing development is managed by a robust framework.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

This is an application for a partial roof cover of an existing roof top terrace of a residential flat building at 311-313 Maroubra Road, Maroubra.

 

The site has been inspected with the owner/applicant and a number of issues were discussed including the potential loss of privacy to the private open spaces of the adjoining properties to the south (single detached dwellings which front Haig Avenue), due to the removal of the approved planter boxes and increase in the bulk of the development and the constraints of the roof top area. These were all taken into consideration. In particular the constraints of the terrace were considered, however these constraints do not outweigh the amenity impacts that the proposal would result in if approved on the southern edge of the roof top over an area where planter boxes were originally placed to restrict overshadowing. A letter was sent to the applicant to this affect and an opportunity was given to amend the proposal.

 

Amended plans were received, however these did not alter the location of the structure. For the reasons as outlined in this report and in the letter to the owner/ applicant the proposal, in its current form, is recommended for refusal.

 

Recommendation

 

That Council, as the consent authority, refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 to Development Application No. DA/55/2012 Unit 10 - construction of new awning over part of the terrace area at 10/311-313 Maroubra Road, Maroubra, for the following reasons:

 

1.       The proposal is inconsistent with the aims of RLEP 1998 and the specific objectives of the 2C zone in that the proposed activity and built form will not maintain enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality. The proposal will result in increased opportunities to overlook private open spaces due to the removal of the approved planter boxes and increase the bulk and scale of the development from outside the site.

 

2.       The proposed location of the roof cover (awning) on the southern end of the roof terrace would result in increased opportunities for the occupants of the roof terrace to view into the private open spaces of the dwellings to the south due to the removal of the approved planter boxes. This is undesirable and is contrary to the relevant stated objective of Part 4.2 of the Development Control Plan Multi Unit Housing which states that development should “Respect the existing level of privacy of adjoining and nearby properties.” Further, the proposal in its current form does not satisfy the stated Performance Requirement P1 for visual privacy as the area of roof top which will be roofed would be positioned to directly overlook the private open spaces of the adjacent dwellings.

 

3.       The proposal would not satisfy two of the three stated objectives for Part 3.2 of the Development Control Plan which state that the height of a development is to-

 

“Minimise the impact of development on adjoining and nearby land; and

                                  to

Control the bulk and scale of development.”

 

4.       Further, the proposal in its current form, with the awning located on the southern edge of the roof top, does not comply with the relevant stated objectives for height and performance requirement P2 as the bulk of the building (awning structure) has not been positioned  to minimise the impacts onto the adjoining properties.

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                10 April 2012

 

 

Development Application Report No. D28/12

 

 

Subject:                  215 Anzac Parade, Kensington (DA/908/2011)

Folder No:                   DA/908/2011

Author:                   Scott Williamson, Development Assessment Officer     

 

Proposal:                     Alterations to the National Institute of Dramatic Arts (NIDA) including provision of new office space, upgrade of existing offices, construction of four (4) tutorial rooms, a rehearsal space, widen existing egress path, extend existing roof walkway system, install skylights, and install light suspension system

Ward:                      West Ward

Applicant:                Root Projects Australia Pty Ltd

Owner:                         University of NSW

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The subject application is referred to Council based on the overall cost of works, estimated at $2,421,735.

 

The application proposes various alterations and additions to the National Institute of Dramatic Arts (NIDA), part of the University of New South Wales. Specifically, the application proposes provision of new office space, upgrade of existing offices, construction of four (4) tutorial rooms, a rehearsal space, widening of an existing egress path, extend an existing roof walkway system, install skylights, and installation of a lighting suspension system to the Parade Theatre.

 

Given the owner of the subject site is the University of New South Wales, the application is considered ‘Crown Development’ for the purpose of Section 89 of the Environmental Planning and Assessment Act, 1979 (the Act). The proposed conditions detailed in the schedule below have received concurrence from the applicant, as required under Section 89 of the Act.

 

The application was notified from 7 December 2011 to 21 December 2011, in accordance with DCP – Public Notification of Development Proposals and Council Plans. One (1) submission was received at the conclusion of the public consultation process.

 

The proposed development is consistent with the provisions of relevant Local and State planning controls and is recommended for approval subject to conditions.

 

2.    The Proposal

 

The application proposes various alterations and additions to the existing educational building for the National Institute of Dramatic Arts (NIDA) at 215 Anzac Parade, Kensington, specifically as follows:

 

External works

·         Widen two (2), ten (10) metre lengths of the existing fire egress path on the western boundary by 400 mm, to comply with fire safety standards (refer figure 1, below);

·         Extend existing roof walkway system (approved under DA/114/2011) to provide maintenance access to air conditioning units of four (4) rehearsal rooms (refer Figure 2, below). Walkway system shown to measure approximately 35 metres in length.

 

Internal works

Internal works are proposed to provide for an additional 225 square metres of floor space, comprising new tutorial, rehearsal and office spaces. The increase in floor space is contained entirely within the building envelope, making use of existing void spaces. Proposed internal works comprise;

 

·         Installation of lighting suspension system to existing Parade Theatre catwalks;

·         Internal reconfiguration and upgrade of existing administration and IT office spaces, providing 23 square metres of new office space;

·         Infill void over existing Rehearsal Room nine (9) to create a new rehearsal space (Rehearsal Room ten (10)) with area of approximately 96 square metres;

·         Alter ceilings and provide skylights to Design Studios one (1), three (3) and new rehearsal Room ten (10);

·         Provide two (2) new tutorial rooms at both first and second floors (total four (4) rooms), partially cantilevered within the main foyer and providing 106 square metres additional area.

 

                  

Figure 1: The existing access path to the western boundary of the site, proposed to be widened 400mm.

Figure 2: The roof of the NIDA building, showing existing roof walkway system, proposed to be extended.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on Anzac Parade, at the intersection of Day Avenue and Anzac Parade, Kensington. To the south of the NIDA building is a carpark and educational buildings of the UNSW Western Grounds Area; to the east is the UNSW main campus on the other side of Anzac Parade; to the north is a service station; and to the west is the rear of properties fronting Doncaster Avenue. The subject site has an area of 2.747 hectares.

 

4.    Site History

 

The following recent applications have been lodged with Council.

 

Application

Detail

Decision

DA/909/2011

Installation of a shade structure over the existing Amphitheatre courtyard at the National Institute of Dramatic Arts (NIDA).

Approved under delegation, 11 January 2012.

DA/114/2011

Building works within NIDA precinct at UNSW including mezzanine floor in lighting studio on level 1, mezzanine floor in design studio 3 on level 2, mezzanine floor in workshop area on ground floor, internal work to parade theatre, air conditioning unit for rehearsal room 8 and access bridge and walkways connecting existing roofs.

Approved under delegation, 9 May 2011.

DA/317/2010

Increase in number of patrons for the NIDA Parade Playhouse from 185 patrons to 285 patrons. No construction was proposed.

Withdrawn on 20 October 2010, following concerns over parking and traffic.

DA/207/2010

Temporary canvas sign to northern face of existing NIDA building.

Approved under delegation, 14 April 2010.

DA/569/2009

Construction of additional signage on the northern wall of the NIDA Theatre and above the stage door.

Approved under delegation, 4 November 2009

DA/545/2007

Upgrade of National Institute of Dramatic Art (NIDA) including internal work to the scenery workshop, parade space, parade studio, property workshop and storage area with windows and stairs.

Approved under delegation, 4 September 2007

DA/410/2007

Provision of new external illuminated signage to existing NIDA building.

Approved under delegation, 26 July 2007

 

5.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification.  One (1) submission was received in response. The issues raised in this submission are summarised as follows:

 

Unknown address;

 

Issue

Comment

Concern raised over the widening of the existing egress path to the rear of the development and the environmental, security, and privacy impacts this will impose upon residences immediately to the west. Specifically:

·      The encroachment of the path within the existing landscaped setback;

·      An increased width to the path will increase risk of crime to residential sites to the west;

·      An increased width to the path will further compromise privacy to the western residential properties.

The increased width to the western fire egress path is considered acceptable on the basis of the following:

·      The path is used for emergencies and maintenance only. The path is off limits for general use. As such, foot traffic is not considered to be regular or in high volume;

·      The width increase will result in a protrusion of 400mm into the existing 2000mm landscaped setback provided to neighbouring residences. A width of 1600mm is retained, of which is not considered to substantially increase potential for unauthorised access or compromise security from the existing situation;  

·      The increased width will not necessitate the removal of significant vegetation within the rear setback, maintaining privacy to neighbours.

As such, the impact upon neighbouring sites from that existing is considered minimal. The widening of the path is in the interest of providing safe egress from the school and as such, the proposal is considered to be generally acceptable, subject to the imposition of recommended conditions.

 

6.    Technical Officers Comments

 

The application was not required to be referred to any other departments of Council.

 

7.    Relevant Environmental Planning Instruments

 

The subject development application has been assessed in accordance with the provisions of the following relevant planning documents:

 

7.1      Environmental Planning and Assessment Act, 1979

 

·      Section 79C- Evaluation

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.

 

·      Section 89 (Determination of Crown development applications)

The proposal is development under Section 89 of the Environmental Planning and Assessment Act (Crown development). The following applies under this Section of the Act:

 

A consent authority, (other than the minister), must not:

 

(a) refuse its consent to a Crown development application, except with the approval of the Minister, or

(b) impose a condition of its consent to a Crown development application, except with the approval of the applicant or the Minister.

 

The proposed consent for this application will impose a number of conditions to ensure that the development complies with all relevant controls and standards. These conditions have been referred to the applicant for concurrence of the University. The University has responded to the draft conditions of consent and given its concurrence.

 

7.2      Randwick Local Environmental Plan 1998

The following Clauses of the LEP 1998 apply to the proposal:-

 

·      Clause 17 Zone No 5 (Special Uses Zone)

The site is zoned Special Uses R5 under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent.

 

The proposal is consistent with the aims of RLEP 1998 and the specific objectives of the Special Uses 5 zone, in that the proposed activity and built form will enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality. Further, the proposal is for the purpose of an educational establishment, providing public benefit in the form of enhanced educational facilities. Accordingly, the proposed development is not inconsistent with these objectives.

 

·      Clause 40A- Site Specific Development Control Plans

The following Clause applies to the subject site:

 

(1)  The consent authority must not grant consent to a development application made in respect of a site area consisting of more than 10,000 square metres of land unless a site specific development control plan for the development of that land has been prepared in accordance with this clause.

 

(4)  The consent authority may waive the requirement for a development control plan, but only if it is satisfied:

 

(a)   that the proposed development is of a minor nature only or is ancillary to the current use of the land, or

 

(b)   that adequate guidelines and controls applying to the land are already in place.

 

The site is greater than 10000square metres in area and as such a Master Plan is required under Clause 40A of Randwick LEP 1998 (Consolidation). A Master Plan was adopted (RZ5/2002) for the Kensington Campus in August 2002, known as “the UNSW Kensington Campus MasterPlan 2020”.

 

The adopted Master Plan was formed into a DCP known as “Development Control Plan - UNSW Kensington Campus - Campus 2020”.  The DCP is applicable to the subject site by virtue of its location within the UNSW Campus. The DCP contains a range of performance criteria for campus design principles and provisions namely in terms of sense of place, legibility, clusters & hubs, landscape, buildings, housing, retail & services, recreation and cultural facilities and transport & parking.

 

The proposed alterations and additions to the NIDA building are ancillary works to this existing campus building and therefore are considered consistent with the Master Plan and DCP, satisfying the requirements of Clause 40A of RLEP 1998.

 

7.3      Draft Randwick Local Environmental Plan 2012

Draft Randwick Local Environmental Plan 2012 has been placed on public exhibition until 2 April 2012. The site is zoned SP2 Infrastructure (Educational Establishment) under the Draft LEP.

 

The proposal is considered to satisfy the key objectives of the zone and the greater provisions of Draft LEP 2012. As such, the proposed development is generally acceptable.

 

 

7.4      Development Control Plan - UNSW Kensington Campus -  Campus 2020

The DCP is applicable to the subject site by virtue of its location within the UNSW Campus. The DCP contains a range of performance criteria for campus design principles and provisions namely in terms of sense of place, legibility, clusters & hubs, landscape, buildings, housing, retail & services, recreation and cultural facilities and transport & parking.

 

 

·       Proposed western egress widening

The proposal outlines a 400mm extension of an existing fire egress path to the western boundary of the university. This extension protrudes into an established landscaped setback of 2000mm, separating neighbouring sites from the NIDA building and providing privacy. The application does not detail the removal of any significant vegetation within this setback.

 

The following sections are of relevance to this component of the application:

 

7.4.1     Section 5.3 – Legibility Provisions

‘n)  All connective spaces are to provide for service vehicles and emergency access with a generously sized, obstacle free environment compatible for pedestrians and the slow movement of vehicles.’

 

The proposed increase in width of the pedestrian egress path to the western boundary of the building will provide for emergency access to this edge of the site, in accordance with fire egress requirements. Consequently, the proposed increase in width is consistent with the above provision of the DCP.

 

7.4.2     Section 5.6 – Landscape Provisions

‘b) new buildings are not to impinge on or harm existing significant trees and areas of vegetation identified in figures 5.6a and 5.6b.’

 

The DCP identifies the existing row of landscaping to the rear of the site, separating the NIDA building from western neighbours as being of ‘highest retention priority’.

 

The trees within the western setback are noted to be of ‘Functional’ importance within the DCP, valued for the ‘essential function the tree performs, such as boundary screening valued by neighbours’.

 

The extent of works proposed to the egress path comprises a width of 400mm and is not considered to necessitate the removal of any significant vegetation within the setback. A condition has been recommended to be placed upon the application in ensuring this.

 

The proposed alterations and additions to the NIDA building are ancillary works to the existing campus building. Further, the proposal is generally consistent with the aims, principles and provisions contained within the DCP and as such are considered acceptable.

 

8.        Randwick Section 94A Development Contributions Plan

 

The Section 94A Development Contributions Plan, effective from 2 July 2007, is applicable to the proposed development. In accordance with the plan, the following monetary levy is required:

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200,000

$2,421,735

 

1.0%

$24,217.35

 

 

The applicant argues the application of the Randwick Section 94A Plan, as outlined in the following exert from the submitted Statement of Environmental Effects:

 

 

Planning comment:

Given the above, the University seeks exemption from Section 94A contributions for the project. The primary reason is that the University is a not-for-profit organisation and provides benefits to Randwick City.

 

The Section 94A levy enables Council to provide quality public facilities to meet the expectations of the existing and future population. The Plan recognises that the expected growth in population and jobs in Randwick City will be focused on the University precinct. The University is therefore expected to continue to place substantial pressures on Council’s local infrastructure.

 

Section 94A development contributions are intended to address and meet expected increased demands on the City’s infrastructure. Council has provided benefits in the form of capital infrastructure to the University without any rating base, such as roads, footpaths, street signage, street furniture, bus shelters, stormwater management, street trees, parks, community facilities (libraries and halls) and town centre public domain improvement.

 

The provisions of Randwick Section 94A Development Contributions Plan have been consistently applied to applications relevant to the University and more specifically, the NIDA campus. These include, but are not limited to the following NIDA applications:

 

·      DA/909/2011- Determined under delegated authority on 11 January 2012;

·      DA/114/2011- Determined under delegated authority on 9 May 2011;

·      DA/545/2007- Determined under delegated authority on 4 September 2007.

 

Therefore, the imposition of Section 94A Development Contributions on the subject application is consistent with previous decisions of Council and is considered appropriate and reasonable. A condition has been recommended to this effect.

 


Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:       A vibrant and diverse community.        

Direction 4:       Excellence in urban design and development.

Outcome 4a:      Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development is consistent with the provisions of relevant Local and State planning controls. The proposed works will enhance and compliment the facilities of an established educational institution, providing significant public benefit.

 

The proposed development will not have a significant impact on the amenity of surrounding properties in terms of bulk and scale, visual and acoustic privacy or security, subject to the recommended conditions.

 

The application is therefore recommended for approval, subject to conditions.

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/215/2011 for alterations to the National Institute of Dramatic Arts (NIDA), including provision of new office space, upgrade of existing offices, construction of four (4) tutorial rooms, a rehearsal space, widen existing egress path, extend existing roof walkway system, install skylights, and install light suspension system, at No. 215 Anzac Parade, Kensington, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

The development must be carried out in accordance with the following conditions of consent.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of environmental amenity.

 

Approved Plans & Supporting Documentation

1.       The development must be implemented substantially in accordance with the plans and supporting documentation listed below and endorsed with Council’s approved stamp, except where amended other conditions of this consent:

 

Plan

Issue

Drawn by

Dated

Received

DA01- Site Plan & Location of Proposed Works

B

Jensen Young Architects

24 November 2011

25 November 2011

DA02- Location Plan for Capital Works

DA03- Location Plan for Capital Works

DA20- Rooftop Bridges, Walkways

DA30-  West Egress Path Widening

23 November 2011

DA41- Plan: Front of House, Plan: IT room, Section

A

22 November 2011

DA42- Ground Floor: air lock, First Floor: office extension

DA43- Section

DA70- Design 1 & 3 and Room 10, New Floor Plans

D

24 November 2011

DA80- First Floor, Second Floor, Foyer Galleries

B

22 November 2011

DA81- Section, Elevation foyer Galleries

A

 

2.       The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

Failure to comply with these legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

 

External Colours, Materials & Finishes

3.       The colours, materials and finishes of the external surfaces are to be compatible with the existing building and adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

Environmental Amenity

4.       External lighting to the premises must be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

Western boundary landscaping

5.       The existing significant trees within the western boundary setback are identified within the DCP as of ‘Highest retention priority’ and shall not be removed or damaged under the proposed works, in order to maintain screening to the western neighbours.

 

Section 94A Development Contributions

6.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $2,421,735, the following applicable monetary levy must be paid to Council: $24,217.35.

       

The levy must be paid in cash, bank cheque or by credit card prior to a construction certificate [or subdivision certificate] being issued for the proposed development.  The development is subject to an index to reflect quarterly variations in the Consumer Price Index (CPI) from the date of Council’s determination to the date of payment.

 

Council’s Section 94A Development Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick or at www.randwick.nsw.gov.au.

 

 

 

Long Service Levy Payments

7.       The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, must be forwarded to the Long Service Levy Corporation or the Council, in accordance with Section 109F of the Environmental Planning & Assessment Act 1979.

 

At the time of this development consent, Long Service Levy payment is applicable on building work having a value of $25,000 or more, at the rate of 0.35% of the cost of the works.

Compliance with the Building Code of Australia

8.       In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that all building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA). 

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The necessary documentation and information must be provided to the Council or the ‘Principal Certifying Authority’, as applicable.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity.

 

Construction Noise & Vibration Management Plan

9.       Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant requirements of the Protection of the Environment Operations Act 1997 and NSW DECC Guidelines must be satisfied at all times.

                         

Noise and vibration from any rock excavation machinery, pile drivers and all plant and equipment must be minimised, by using appropriate plant and equipment, silencers and the implementation of noise management strategies.

 

A Construction Noise Management Plan, prepared in accordance with the NSW DECC Construction Noise Guideline by a suitably qualified person, is to be implemented throughout the works to maintain reasonable levels of public health, safety and convenience to the satisfaction of Council.  A copy of the approved Construction Site Management Plan must be maintained on site and be made available to Council officers upon request.

 

Temporary Site Fencing

10.     Temporary site safety fencing must be provided to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres).  Temporary site fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

Temporary site fences are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

Temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

If it is proposed to locate any site fencing, hoardings or amenities upon any part of the footpath, nature strip or public place, a Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services before placing any item or article on the road, footpath or nature strip.

 

Construction Site Management Plan

11.     A Construction Site Management Plan must be developed and implemented prior to the commencement of any works. The construction site management plan must include the following measures, as applicable to the type of development:

 

·            location and construction of protective fencing / hoardings to the perimeter of the site;

·            location of site storage areas/sheds/equipment;

·            location of building materials for construction;

·            provisions for public safety;

·            dust control measures;

·            site access location and construction

·            details of methods of disposal of demolition materials;

·            protective measures for tree preservation;

·            provisions for temporary sanitary facilities;

·            location and size of waste containers/bulk bins;

·            details of proposed sediment and erosion control measures;

·            provisions for temporary stormwater drainage;

·            construction noise and vibration management;

·            construction traffic management details.

 

The site management measures must be implemented prior to the commencement of any site works and be maintained throughout the works, to maintain reasonable levels of public health, safety and convenience to the satisfaction of Council.

 

A copy of the Construction Site Management Plan must be provided to the Principal Certifying Authority and Council prior to commencing site works.  A copy must also be maintained on site and be made available to Council officers upon request.

 

Sydney Water

12.     All building, plumbing and drainage work must be carried out in accordance with the requirements of the Sydney Water Corporation.

 

The applicant must meet the full cost for telecommunication companies, gas providers, Energy Australia and Sydney Water to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

Public Utilities

13.     A Public Utility Impact Assessment must be carried out to identify all public utility services located on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the building works.

 

Documentary evidence from the relevant public utility authorities confirming that their requirements have been satisfied, must be submitted to the relevant certifying body prior to a Crown Completion Certificate being issued for the development.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

The following conditions of consent must be complied with during the demolition, excavation and construction of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity during construction.

 

Site Signage

14.     A sign must be erected and maintained in a prominent position on the site for the duration of the works, which contains the following details:

 

·                 name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable)

·                 name, address and telephone number of the Principal Certifying Authority,

·                 a statement stating that “unauthorised entry to the work site is prohibited”.

 

Restriction on Working Hours

15.     Building, demolition and associated site works must be carried out in accordance with the following requirements:

 

Activity

Permitted working hours

All building, demolition and site work, including site deliveries (except as detailed below)

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

An application to vary the abovementioned hours may be submitted to Council’s Manager Health, Building & Regulatory Services for consideration and approval to vary the specified hours may be granted in exceptional circumstances and for limited occasions (e.g. for public safety, traffic management or road safety reasons).  Any applications are to be made on the standard application form and include payment of the relevant fees and supporting information.  Applications must be made at least 10 days prior to the date of the proposed work and the prior written approval of Council must be obtained to vary the standard permitted working hours.

 

Demolition Work Requirements

16.     The demolition of buildings and the removal, storage, handling and disposal of building materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment, Climate Change & Water and Randwick City Council policies, including:

 

·            Occupational Health & Safety Act 2000 & Regulations

·            WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·            WorkCover NSW Guidelines and Codes of Practice

·            Australian Standard 2601 (2001) – Demolition of Structures

·            The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 2005

·            Relevant DECCW/EPA Guidelines

·            Randwick City Council Asbestos Policy

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development section or a copy can be obtained from Council’s Customer Service Centre.

 

17.     A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures.

 

The Work Plan must include the following information (as applicable):

 

§   The name, address, contact details and licence number of the Demolisher /Asbestos Removal Contractor

§   Details of hazardous materials, including asbestos

§   Method/s of demolition and removal of asbestos

§   Measures and processes to be implemented to ensure the health & safety of workers and community

§   Measures to be implemented to minimise any airborne asbestos and dust

§   Methods and location of disposal of any asbestos or other hazardous materials

§   Other relevant details, measures and requirements to be implemented as identified in the Asbestos Survey

§   Date the demolition and removal of asbestos will commence

 

The Demolition Work Plan must be submitted to Council and the relevant Building Certifier, not less than two (2) working days before commencing any demolition works involving asbestos products or materials.  A copy of the Demolition Work Plan must also be maintained on site and be made available to Council officers upon request.

 

Removal of Asbestos Materials

18.     Any work involving the demolition, storage and disposal of asbestos products and materials must be carried out in accordance with the following requirements:

 

A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation). Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.

 

On sites involving the removal of asbestos, a  professionally manufactured sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS” and include details of the licensed contractor. The sign shall measure not less than 400mm x 300mm and the sign is to be installed prior to demolition work commencing and is to remain in place until such time as all asbestos has been safely removed from the site.

 

Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996. Asbestos waste must be disposed of at an approved waste disposal depot (refer to the DEC or Waste Service NSW for details of sites). Copies of all receipts detailing method and location of disposal must be maintained on site and be provided to Council officers upon request, as evidence of correct disposal.

 

A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to the relevant Building Certifier upon completion of the works prior to the occupation of the development, which confirms that the asbestos material have been removed appropriately and the relevant requirements contained in the Asbestos Survey and conditions of consent in relation to the safe removal and disposal of asbestos, have been satisfied.

 

Sediment & Erosion Control

19.     Sediment and erosion control measures, must be implemented throughout the site works in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to Council’s satisfaction.  Details are to be included in the Construction Site Management Plan.

 

Public Safety & Site Management

20.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be complied with:

 

a)     The roadway, footpath and nature strip must be maintained in a good, safe condition and free from any obstructions, materials, soils or debris at all times.  Any damage caused to the road, footway or nature strip must be repaired immediately, to the satisfaction of Council.

 

b)     Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, to the satisfaction of WorkCover NSW and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

c)     Building materials, sand, soil, waste materials or construction equipment must not be placed upon the footpath, roadway or nature strip at any time and the footpath, nature strip and road must be maintained in a clean condition and free from any obstructions, soil and debris at all times.

 

Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council.

 

Applications to place a waste container in a public place can be made to Council’s Building Services section.

 

d)     A temporary timber, asphalt or concrete crossing is to be provided to the site entrance across the kerb and footway area, with splayed edges, to the satisfaction of Council, unless access is via an existing concrete crossover.

 

e)     A Local Approval application must be submitted to and be approved by Council's Building Services section prior to commencing any of the following activities on a footpath, road or nature strip or in any public place:

 

·           Install or erect any site fencing, hoardings or site structures

·           Operate a crane or hoist goods or materials over a footpath or road

·           Placement of a waste skip or any other container or article.

 

Building Encroachments

21.     There must be no encroachment of any structures or building work onto Council’s road reserve, footway, nature strip or public place.

 

REQUIREMENTS PRIOR TO OCCUPATION OF THE DEVELOPMENT

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health, safety and amenity.

 

Occupant Safety

22.     Openable windows to a room, corridor, stairway or the like with a floor level more than 4m above the external ground/surface level, must be designed and constructed to reduce the likelihood of a child accessing and falling through the window opening.

 

Options may include one or more of the following measures:

 

·        The window having a minimum sill height of 1.5m above the internal floor level,

·        Providing a window locking device at least 1.5m above the internal floor level,

·        Fixing or securing the window (e.g. by screws or a window locking device) to restrict or to be able to secure the extent of the opening to a maximum width of 125mm,

·        Installing a fixed heavy-duty gauge metal screen over the opening (e.g. A metal security screen or metal security mesh and frame system, but not standard fly-screen material),

·        Other appropriate effective safety measures or barrier.

 

OPERATIONAL CONDITIONS

The following operational conditions must be complied with at all times, throughout the use and operation of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health and environmental amenity.

 

Use of western fire egress path

23.     The egress path to the western boundary of the site shall remain for the purpose of maintenance and emergencies. The path shall not become a general access point for staff and students. 

 

Protection of the Environment Operations Act 1997 – Air Conditioners

24.     The operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

 

Air Conditioning & Equipment

25.     Air conditioning plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

·       before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

·       before 7.00am or after 10.00pm on any other day.

 

ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, or other relevant legislation and Council’s policies.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

 

A1      The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $1,500) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

A2      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA) and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards and you are advised to liaise with your architect, engineer and building consultant prior to lodgement of your Section 109R Crown Certificate.

 

A3      A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:

 

§  Install or erect any site fencing, hoardings or site structures

§  Operate a crane or hoist goods or materials over a footpath or road

§  Placement of a waste skip or any other container or article.

 

For further information please contact Council’s Building Approvals & Certification team on 9399 0944.

 

A4      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A5      This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

§  the consent of the owners of such adjoining or supported land to trespass or encroach, or

§  an access order under the Access to Neighbouring Land Act 2000, or

§  an easement under section 88K of the Conveyancing Act 1919, or

§  an easement under section 40 of the Land & Environment Court Act 1979, as appropriate.

 

Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land.  Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                10 April 2012

 

 

Development Application Report No. D29/12

 

 

Subject:                  212 Arden Street, Coogee (DA/1001/2011)

Folder No:                   DA/1001/2011

Author:                   Alex Van Son, Senior Environmental Planner     

 

Proposal:                     Alterations and additions to ground floor Beach Bar and brasserie of the Coogee Bay Hotel including new ramp access to Arden Street beer garden entry, upgrade existing sanitary facilities and kitchen areas, change floor levels, remove Arden Street brasserie entry, create new BBQ area within brasserie with windows and doors to beer garden (Heritage Item)

Ward:                      East Ward

Applicant:                James Harrison.

Owner:                         Simmattown Ltd.

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan


Executive Summary

 

The development application has been referred to Council for determination at the request of Councillors Woodsmith, Hughes and Matson.

 

The site is located at 212 Arden Street on the corner of Coogee Bay Road and Arden Street, Coogee. The rear south-western section of the site also has frontage to Vicar Street. The site has an area of 7,241sqm.

 

The proposed works involve various internal and external alterations to the Coogee Bay Hotel within the ground floor beach bar, lounge bar and external beer garden. Minor works are proposed to the external façade of the building including the blocking up of an existing entrance/exit on Arden Street and changes to the metal gate to the beer garden.

 

Plans submitted by the applicant reference “existing approved bi-fold windows” on the Arden Street and Coogee Bay Road frontages of the beach bar. These windows were approved as part of DA/36/2004 which involved extensive alterations and additions to the existing beach bar and a change of use from accommodation to bar and restaurant at first and second floor level. While this development approval remains valid to 10 January 2013, the works have not been carried out. A subsequent application involving the installation of bi-fold doors to the sports bar fronting Coogee Bay Road (DA/423/2005/E and DA/846/2008) was refused by Council. It is recommended that conditions should be included in the consent prohibiting the installation of bi-fold windows.

 

One submission was received in relation to the proposed works from the Coogee Precinct Committee, which was primarily concerned with the installation of bi-fold windows and the associated noise impacts and potential for anti social behaviour.

 

The proposal was referred to an external heritage planner and Council’s Environmental Health and Building Departments.  An external referral was received from the NSW Police, which raised concerns in relation to the installation of bi-fold windows.

 

In accordance with the Randwick Local Environmental Plan 1998 (Consolidation) the site is zoned 3A General Business and the proposed activity is permissible with Council’s consent. The proposal is considered to be consistent with the relevant aims and objectives of the zone. The site is listed as an item of heritage significance under Schedule 3 of the RLEP 1998 and satisfies the considerations of Clause 43 Heritage Conservation.

 

The proposed development is recommended for approval subject to the conditions that are contained within the recommendations of this report.

 

1.    The Proposal

 

The proposed works involve various internal and external alterations to the Coogee Bay Hotel within the ground floor beach bar, lounge bar and external beer garden as detailed in the table below.

 

Area of Hotel

Proposed Works

Arden Street beer garden.

·    Replace existing stairway entry with accessible ramp (1:14 in accordance with AS 1428.1) with handrails and paved surface to match existing; and

·    Modify existing gate to suit proposed ramp configuration.

 

 

Lounge bar area fronting Arden Street beer garden.

·    Replace existing double doorway between the beer garden and lounge bar; and

·    Provide new access to bathrooms and improve accessibility.

Beach bar and kitchen.

·    Refurbish existing bar and dinning area and create new kitchen pass;

·    Partially raise floor level within the beach bar to match that of the beer garden;

·    Upgrade bathrooms within the beach bar to improve accessibility; and

·    Refurbish existing kitchen including new cool room and wash up area.

Beach bar brasserie

·    Demolish existing banquet seating;

·    Install new timber framed and glazed fixed glass and pivot door panels along the southern elevation of the brasserie;

·    Install “cook your own BBQ” facilities with exhaust systems;

·    New meat and salad bar; and

·    Block up existing Arden Street entrance and demolish stairs.

 

The plans submitted with the application indicate “existing approved bi-folding windows” on the Existing and Proposed Ground Floor Plan. The Statement of Environmental Effects provided by the applicant states that these windows will be installed in accordance with DA/36/2004, which lapses on 10 January 2013.

 

DA/36/2004 related to alterations and refurbishment of ground floor bars and restaurants of the existing Coogee Bay Hotel and conversion of the accommodation at first and second floors levels to a bar and restaurant including new balconies and pergola. It is noted that to date this consent has not been activated.

 

The subject development application does not involve the installation of bi-fold doors and a condition has been recommended that prohibits the installation of bi-fold doors as part of the approved works.

 

The proposal does not seek to alter the existing operation or management of the premises in terms of hours of operation, patron numbers or plan of management.

 

2.    The Subject Site and Surrounding Area

 

212 Arden Street is a large site located on the corner of Coogee Bay Road and Arden Street, Coogee. The rear south-western section of the site also has frontage to Vicar Street. The site has an area of 7,241sqm.

 

The Coogee Bay Hotel, located on the northeast corner of the site, is located in a prominent position with a frontage to Coogee Bay Road and Arden Street. The building is listed as a local heritage item within Schedule 3 of the Randwick Local Environmental Plan 1998 (Consolidation).

 

The subject site is located within the Coogee Bay commercial centre and the surrounding area is comprised predominantly of retail, commercial uses and residential uses. To the north on the opposite side of Coogee Bay Road is an existing shopping strip comprising two-storey shops with continuous awning. Immediately to the east is a three storey ground-floor retail and upper floor residential building adjacent to Vicar Street and the existing Coogee Bay Road shopping strip beyond. To the south are two four-storey residential flat buildings one with frontage to Arden Street and the other to Vicar Street.

 

Coogee Bay Hotel Beach Bar.

 

3.    Site History

 

The site has been the subject of a large number of development applications relating to the development, operation and management of the site. The following recent development applications are considered of particular relevance to the proposed works:

 

Application

Proposed works

Determination

DA/36/2004

Alterations and refurbishment of ground floor bars and restaurants of the existing Coogee Bay Hotel and conversion of the existing accommodation at first and second floors to a bar and restaurant including new balconies and pergola.

 

NB: Included the installation of bi-fold doors to beach bar fronting Arden Street and Coogee Bay Road.

Deferred commencement approval: 14 December 2004.

 

Deferred commencement conditions satisfied: 10 January 2008.

DA/423/2005

Alterations and refurbishment to the existing gaming room, sports bar and bottle shop to the Coogee Bay Hotel, including new openings

Approved: 13 December 2005

DA/423/2005/A

Section 96 Minor internal changes & add in a smoking room Original consent: Alterations and refurbishment to the existing gaming room, sports bar and bottle shop to the Coogee Bay Hotel, including new openings 

Approved: 25 August 2006

DA/423/2005/B

Section 96(1) Delete conditions 62 & 69 Original consent: Alterations and refurbishment to the existing gaming room, sports bar and bottle shop to the Coogee Bay Hotel, including new openings 

Approved: 12 October 2006

DA/423/2005/C

Section 96(1a)-request removal of condition No. 72., Alterations and refurbishment to the existing gaming room, sports bar and bottle shop to the Coogee Bay Hotel, including new openings

Approved: 1 December 2006

DA/423/2005/D

Section 96(1A) - Relocate the toilets and bar, reconfiguring the smoking area, Alterations and refurbishment to the existing gaming room, sports bar and bottle shop to the Coogee Bay Hotel, including new openings

Approved: 11 May 2007

DA/423/2005/E

Section 96(2) Modification development by replacement of three existing fixed windows on Coogee Bay road frontage of the Coogee Bay Hotel with new bi-fold windows.

Refused: 8 April 2008.

 

 

DA/51/2007

Refurbishment of Beer Garden and Brasserie including alterations to landscaping, paving, provision of shading devices, addition of gelato/coffee bar on Arden St frontage, relocation of bbq and bar; new flagpoles to Arden St and alteration to fencing. 

Withdrawn: 3 December 2007

DA/206/2008

Upgrade the existing kitchen on the ground floor adjacent to 'Beach Bar', add new doors to Brassiere, replace timber pergola on Arden Street, replace the membrane over the brasserie and repair the awning over the kitchen.

Approved: 2 July 2008

DA/846/2008

Installation of bi-fold doors in the sports bar of the Coogee Bay Hotel (Heritage Item).

Refused by Ordinary Council Meeting: 26 May 2009 and Land and Environment Court.

 

4.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification.  The application was also advertised in the local newspaper on 17 January 2012. As a result of this notification, submissions were received from the following:

 

Coogee Precinct Committee 30 January 2012

 

Issue

Comment

If the proposal involves the replacement of the Sports Bar fixed windows with openable windows, then this must be opposed by Council.

 

The proposal does not involve the replacement of any windows associated with the sports bar.

Any proposal to replace the present fixed windows with openable windows or doors must not be permitted to get through as part of this DA.

The subject development application does not involve the installation of bi-fold doors and a condition has been recommended that prohibits the installation of bi-fold windows as part of the approved works. 

 

No data as to the capacity of or patron numbers catered for in the renovated areas on the ground floor compared with the current capacity or approved numbers has been provided.

 

The proposed works generally involve internal refurbishment of the lounge bar, beer garden, brasserie and beach bar areas. The proposal does not seek to alter the existing operation or management of the premises in terms of hours of operation, patron numbers or plan of management.

 

The Precinct opposes the existing 3.00am closing time for the hotel.

 

As above.

In considering this DA, the Precinct requests that Council be mindful of the fact that this hotel is listed as per of Schedule 4 of the Liquor Act 2007 relating to assault incident numbers. 

Noted.

 

5.    Referrals

 

The application has been referred to technical officers for comment, including where necessary external bodies. Comments provided have been outlined below and recommended conditions have been included as part of this report.

 

5.1      Council Building Officer

The proposal was referred to Council’s building officer and it was requested that the existing fire strategy that was approved as part of DA/34/2004 (212 Arden Street, Coogee - Coogee Bay Hotel, Deferred Development Consent DA/36/2004, Updated BCA Fire Safety Upgrade Scope of Works, dated 22 November 2006 and prepared by Stuart Boyce of BCA Logic Pty Ltd) be updated to reflect the proposed works, in particular the deletion of door to Arden Street.

 

The applicant was asked to demonstrate how the current proposal maintains or improves the existing levels of fire safety afforded by the current fire strategy that was approved as part of DA/34/2004.

 

On 23 March 2012, the applicant submitted an Updated BCA Fire Safety Upgrade Scope of Works prepared by Stuart Boyce of BCA Logic Pty Ltd (‘the BCA report’). In relation to the proposed works, the BCA report concludes that:

 

The following fire safety upgrade and BCA Compliance works are required as part of the building works under DA/1001/201:

 

1.   The Exit door in the North Eastern Corner of the Ground Floor Beach Bar be replaced with a door with a minimum clear width of 1.75m that can then count as a 2.0m egress door. The existing 1.7m exit door in the north eastern corner of the Beach Bar being 1.7m clear can then count as a 1.95m door under the current D1.6 (f) (v) BCA2011 provisions.

 

2.   A 1.0m wide egress door be provided leading from the Beach bar area into the Beer Garden.

 

3.   The gates to Exits 2 and 3 to the Beer Garden are to be reconfigured and made available at all times openable by a single handed lever action or panic bar style mechanism without a key from the side a person is seeking egress from as per D2.21 of BCA2011. This will also require the relocation of the temporary tent style bar in the south western corner of the Beer Garden so a clear 2.0m width is available to Exit 2 and 2.7m width available to Exit 2.

 

4.   The Beach Bar fit out works are to be undertaken in accordance with the relevant Deemed to Satisfy provisions of BCA2011 as well as the “Affected Part” Upgrade required under the Disability (Access to Premises – Buildings) Standards 2010. It is noted that the Principal Pedestrian Entrance is the new ramp to the existing gate in the centre eastern elevation of the Beer Garden area.

 

The applicant has provided further correspondence from their BCA consultant that confirms that the above recommended conditions do not rely on fire safety works required under Development Consent DA/36/2004. It is recommended that these conditions are included in the consent.

 

5.2      Council Health Officer

The proposal was referred to Council’s health officer and comments were recieved in relation to noise and compliance with food safety standards. Comments provided are detailed below and recommended conditions have been included in this report.

 

Noise

Noise associated with plant and equipment is considered to be a potential issue and as such appropriate conditions have been included in this report.

 

There are no proposed changes to the existing hours of operation. Current operations of the business include the operation of the Beach Bar and ancillary areas operating Monday to Saturday 5.00 am to 3.00 am and Sunday 7.00 am to midnight. It is recommended the planner assess the current or any proposed alterations to hours of operation if required.

 

 

As the operating hours are currently approved on the Liquor Licence and section 21 Liquor act requires the service of a meal and facility to provide that meal to any area trading with alcohol, it is considered that the hours approved should be implemented in any considered approval for the Beach Bar.  

 

Comment: The development application does not seek to change the existing hours of operation.

 

Confirmation has been received from Renzo Tonin that Report ref: TF571-01F03 (Rev2) previously submitted with DA/206/2008 (Upgrade the existing kitchen on the ground floor adjacent to 'Beach Bar', add new doors to Brassiere, replace timber pergola on Arden Street, replace the membrane over the brasserie and repair the awning over the kitchen) satisfies the noise compliance for the proposal.

 

Compliance with Food Safety Standards

Compliance with Food Safety standards is required and as such appropriate conditions have been included in this report.

 

Recommendation

It is recommended that the application for the above-mentioned premises be approved subject to conditions being attached to the development consent.

 

5.3      Heritage Planner

The proposal was referred to an external heritage consultant as the proposal is a locally listed heritage item in accordance with Schedule 3 of the Randwick Local Environmental Plan 1998 (Consolidation). Recommended conditions have been included in the recommendation of this report.

 

Removal of existing stairs and entry doors to the Beer Garden and the Brassiere and provision of new accessible entry and timber framed fixed glazing window respectively:

 

·      The proposed works are considered acceptable with minor impact on the heritage significance of the Hotel. Utilisation of detailing to match the existing window details for the modified arched opening to the Brassiere is compatible. The disabled ramp will ensure equal access to the Hotel’s majority of the ground floor facilities.

 

Raised floor and new timber framed glazed fixed & pivot doors panels to the southern elevation of Brassiere:

 

·      Raising of the floor in the middle section of the Brassiere is necessary to make level all floors between the garden and the internal areas for accessibility. The existing floor is not original and its replacement is acceptable.

·      The new fixed glazing & pivot doors will be installed between the later northern colonnade and will have no impact on the overall configuration and presentation of the subject areas.

 

Modifications and upgrade to the Brassiere, kitchen and toilet facilities:

 

·      Existing bar and associated fit-out date from the 20 years ago refurbishment and they show wear and tear. Their refurbishment to the present day standards is considered an improvement and enhancement for the place. Similarly, the existing kitchen and toilet facilities do not have any early or original fabric therefore their upgrade and modifications for the provision of accessible facilities and improved kitchen areas are compatible with the heritage significance.

 

As defined in the Conservation Study the heritage significance of the Coogee Bay Hotel does not rely on its fabric rather it relies on its continuing use as a hotel. It is evident that the proposed works will ensure the ongoing use of the place for Hotel activities and provide improved and accessible facilities for its patrons. The works have the potential to significantly enhance the Coogee Bay Hotel and reflect the present day tastes and demands.

 

Since the works are essentially internal there will be no impact on the heritage items in the Goldstein Reserve and along Coogee Beach.

Recommendation

 

For the reasons explained above, the proposed development is supported and recommended for approval in relation to the heritage matters. Following recommendations have been made to ensure the integrity and heritage values of the place are maintained:

 

·      No colour scheme has been sighted in the provided DA documentation therefore it is recommended that the colours, materials and textures of the new works to the external elements match the existing detailing and colours.

·      All work shall be carried out in accordance with the principles of the Australia ICOMOS Burra Charter and to the satisfaction of the Director City Planning.

·      All demolition works shall be carried out in accordance with the architectural drawings, and subsequent structural engineer’s drawings and specifications.

·      A brief Digitally based archival recording of the existing property (internally and externally) including its context shall be prepared and submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development. This recording shall be in accordance with the NSW Heritage Office 2006 Guidelines for Photographic Recording of Heritage Items using Film or Digital Capture. Two copies of the endorsed archival recording shall be presented to Council, one of which shall be placed in the Local History Collection of Randwick City Library.

 

The above recommendations should be included with any consent and conditions have been recommended accordingly. 

 

5.4      NSW Police

The proposal was referred to the NSW Police. Objection was raised in relation to the bi-fold doors that are shown on the plans as being previously approved for reasons associated with noise, disruption to pedestrian movement and the potential for anti-social behaviour.

 

The subject development application does not involve the installation of bi-fold doors and a condition has been recommended that prohibits the installation of bi-fold doors as part of the approved works. 

 

 

6.    Relevant Environmental Planning Instruments

 

The Development application has been assessed in accordance with the provisions of the following relevant planning documents.

 

6.1      Randwick Local Environmental Plan 1998

The site is zoned 3A General Business under Randwick Local Environmental Plan 1998 (Consolidation) and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:

 


Clause 13 Zone No. 3A (General Business Zone)

The site is zoned 3A (General Business Zone) under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:

 

(a)        to maintain the viability of existing business centres, and

 

(b)        to facilitate the orderly and economic development of land as business centres, for commercial, retail, residential and community purposes by:

 

(i)     introducing controls for the bulk and scale of buildings, and

(ii)    encouraging economically viable retail cores which are centrally located and in close proximity to public transport, and

(iii)   improving employment opportunities, and

(iv)   servicing the needs of the local and regional community, and

(v)    encouraging the provision and use of public transport, and

(vi)   providing and improving pedestrian and public open space areas for shoppers and workers, and

(vii)   maintaining and improving the environmental and aesthetic qualities of the City of Randwick, and

 

(c)        to minimise the impact of development on adjoining and nearby residential zones, and

 

(d)        to encourage housing affordability.

 

The proposal will involve refurbishment works that will improve internal amenity of the premises. It will maintain the viability of the Hotel and enhance the Coogee Business Centre whilst minimising impact on neighbouring residential properties. The proposal is therefore consistent with the relevant aims and objectives of the zone.

 

Clause 43 – Heritage Conservation

A Statement of Heritage Impact prepared by Rapport Pty Ltd (December 2011) was submitted in support of the application and the proposal has been referred to an external heritage consultant by Council for comment (See comments above). 

 

The site is listed as an item of heritage significance under Schedule 3 of the Randwick Local Environmental Plan 1998 (Consolidation). In accordance with Clause 43 of the Randwick Local Environmental Plan, the following considerations are relevant to the assessment of the proposal.

 

The heritage significance of the building is also recognised by non-statutory bodies including. The building has been identified as an item of heritage significance by the National Trust of Australia (NSW) and is listed as an Indicative Place on the Register of National Estate.

 

RLEP Clause

Objectives/Considerations

Comment

(1) Objectives

(a)  to conserve the environmental heritage of Randwick City, and

 

 

 

 

 

The proposed development is considered to satisfy the objectives of Clause 43.

 

As stated in the Heritage Impact Assessment submitted by the applicant: the Coogee Bay Hotel is considered to have historical significance at local level due to its long term operation as a hotel and its former role as the first private school in Sydney.  Demolition works associated with the proposed works relate to non-original fabric in the bar area and the proposed works are aimed primarily at rejuvenating the public areas of the bar. No important features of the Hotel will be affected.

 

The report concludes that proposed works will have a neutral impact on the heritage significance of the Hotel and recommends that the proposal is viewed favorably by Council.

 

The above comments are generally reflected in the recommendations provided by Councils heritage planner (consultant) in that the proposed works will have minor impacts on the heritage significance of the Hotel and the proposed development is supported.

 

(b)  to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and

(c)  to conserve known or potential archaeological sites, and

 

(d)  to conserve places of Aboriginal heritage significance.

 

(2) Requirement for consent.

(b)  altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,

 

(c)  altering a heritage item that is a building, by making structural changes to its interior,

 

In accordance with the provisions of Clause 43, the proposed works require development consent.

(4) Effect on heritage significance

The consent authority must, before granting consent under this clause, consider the effect of the proposed development on the heritage significance of the heritage item, including (where the proposed development involves a building) consideration of:

 

(a)  the pitch and form of the roof, if any, and

 

(b)  the style, size, proportion and position of the openings for windows or doors, if any, and

 

(c)   the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building.

 

This subclause applies regardless of whether a heritage impact statement is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

 

The proposal does not seek to alter the existing roof form.

 

In accordance with comments received from Council’s heritage planner, the proposed works are considered acceptable with minor impact on the heritage significance of the Hotel. Utilisation of detailing to match the existing window details for the modified arched opening to the Brassiere is compatible. The disabled ramp will ensure equal access to the majority of the Hotel’s ground floor facilities.

 

Conditions are recommended that require the colours, materials and textures associated with any new works to be compatible with the colours, materials and textures of the existing Hotel.

 

(5) Heritage impact assessment

The consent authority may, before granting consent to any development on land:

 

(a)  on which a heritage item is situated require a heritage impact statement to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

A Statement of Heritage Impact prepared by Rapport Pty Ltd (December 2011) was submitted in support of the application.

 

6.2 Draft Randwick Local Environment Plan 2012

The Draft Randwick Local Environmental Plan 2012 is a matter for consideration in the assessment of the subject development application under Section 79C of the Environmental Planning and Assessment Act 1979 (as amended).

 

The following table considers the proposed development having regard to the zoning provisions and development standards contained in draft LEP that are of relevance to the subject development application:

 

Description

LEP Standard

Proposed

Compliance

 

Zoning: B2 Local Centre.

 

Is development permitted under zoning?

 

Zone B2 Local Centre (3), Permitted with consent: Commercial premises > Retail premises > Food and drink premises > Pub.

Alterations and additions to an existing hotel.

Yes.

Floor Space Ratio (Maximum)

 

1.5:1

No change to existing.

Not applicable

Height of Building (Maximum)

 

12m

No change to existing

Not applicable

Lot Size (Minimum)

 

None

No change to existing

 

Not applicable

Heritage:

·    Draft Heritage Item

·    Draft Heritage Conservation Area

·    In vicinity of draft item or area

 

5.10 Heritage conservation, (1) Objectives; (2) Requirement for consent; (4) Effect  of propsoed development on heritage significance; (5) Heritage assessment. 

The proposal would require consent in accordance with (2)(b) as it involves altering a heritage item (No. 147) that is a building by making structural changes to its interior.

 

The consent authority must, before granting consent under this clause in respect of a heritage item, consider the effect  of the proposed development on the heritage significance of the item concerned.

 

Yes.

 

See Clause 43 of the RLEP 1998, above.

 

6.3 Policy Controls

Development Control Plan: Parking

The proposed development relates primarily to the internal refurbishment and does not increase the overall floor area of the premises. The proposal is not considered to alter the parking demand created by the existing development.

 

Development Control Plan: S94 Development Contributions

In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, the following monetary levy must be paid to Council.

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost

More than $200,000

 

$1,711,490.00

1.0%

$17,115.00

 

7.    Section 79C Environmental Assessment

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

Section 79C(1)(a)(i) – Provisions of any environmental planning instrument

Randwick Local Environmental Plan 1998 (Consolidation).

The site is zoned Residential 3A under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent.

The proposal is consistent with the aims of RLEP 1998 and the specific objectives of the zone in that the proposed activity and built form will enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality.

 

Section 79C(1)(a)(ii) – Provisions of any draft environmental planning instrument

Draft Randwick Local Environmental Plan 2012

The site is zoned B2 local business under the Draft Randwick Local Environmental Plan 2012 and the proposal is permissible with Council's consent.

The proposal is consistent with the aims of Draft RLEP 2012 and the specific objectives of the zone.

 

Section 79C(1)(a)(iii) – Provisions of any development control plan

The proposal generally satisfies the relevant DCPs, except where discussed in the key issues section of this report.

 

Section 79C(1)(a)(iiia) – Provisions of any Planning Agreement or draft Planning Agreement

Not applicable.

Section 79C(1)(a)(iv) – Provisions of the regulations

The relevant clauses of the Regulations have been satisfied.

 

Section 79C(1)(b) – The likely impacts of the development, including environmental impacts on the natural and built environment and social and economic impacts in the locality

The environmental impacts of the proposed development on the natural and built environment, which are otherwise not addressed in this report, are discussed in the paragraphs below.

 

The proposed development is consistent with the commercial character of the town centre. The proposal is not considered to result in detrimental social or economic impacts on the locality.

 

 

Acoustic Impacts

 

The proposed refurbishment will be generally contained within the built form of the existing Coogee Bay Hotel and involves only minor external alterations. No new external openings are proposed as part of the subject development application and an existing doorway to Arden Street will be blocked up as part of the works.

 

Conditions recommended by Council’s Environmental Health Officer in relation to noise levels have been included in this report.

 

The plans submitted with the development application show “existing approved bi-fold windows” on the northern (Coogee Bay Road) frontage and eastern (Arden Street) frontage which have been approved as part a prior development consent, DA/36/2004. Bi-fold windows may have adverse acoustic impacts on adjoining development that has not been adequately addressed in the SEE submitted by the applicant. It is recommended that a condition has been included that prohibits the installation of bi-fold windows as part of the subject development consent.

 

Anti Social Behaviour

 

The plans submitted with the development application show “existing approved bi-fold windows” on the northern (Coogee Bay Road) frontage and eastern (Arden Street) frontage which were approved as part of a prior development consent, DA/36/2004.

 

Subsequent proposals to install bi-fold windows in the Sports Bar have been refused by Council (and in relation to DA/423/2005/E the decision was upheld at the Land and Environment Court)  on the grounds that bi-fold windows may contribute to increased instances of antisocial behaviour associated with the premises and the disruption of pedestrian traffic. These concerns are reiterated in the referral comments received from the NSW Police.

 

The concerns raised in relation to anti social behaviour in relation to bi-fold windows are considered to be valid and a condition has been included that prohibits the installation of bi-fold windows as part of the subject development consent

 

Section 79C(1)(c) – The suitability of the site for the development

The proposed works involve the refurbishment of an existing hotel. The proposal does not result in the intensification of the existing use in terms of patron number or hours of operation. The site is considered suitable for the proposed development.

 

Section 79C(1)(d) – Any submissions made in accordance with the EP&A Act or EP&A Regulation

 

The issues raised in the submissions have been addressed in this report.

Section 79C(1)(e) – The public interest

The proposal promotes the objectives of the zone and will not result in any significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is considered to be in the public interest.

 

Relationship to City Plan 2010

 

The relationship with the City Plan is as follows:

 

Outcome 6:       A liveable city

Direction (6b):   Our town centres, beaches, public places and streets are safe, inviting, clean and support a recognisable image of our City.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal complies with the relevant assessment criteria will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality

 

The proposed development satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended. Additionally, the proposed development satisfies the relevant legislation, State policies and Local planning controls.

 

Recommendation

 

That Council as the responsible authority grant its development consent under Section 80 and 80(A) of the Environmental Planning and Assessment Act 1979 (as amended) to  Development Application No. 1001/2012 for alterations and additions to the ground floor beach bar and brasserie of the Coogee Bay Hotel including new ramp access to Arden Street beer garden entry, upgrade of existing sanitary facilities and kitchen areas, changes to floor levels, removal of Arden Street brasserie entry, create new BBQ area within brasserie with windows and doors to beer garden at No. 212 Arden Street, Coogee subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

The development must be carried out in accordance with the following conditions of consent.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of environmental amenity.

 

Approved Plans & Supporting Documentation

1.       The development must be implemented substantially in accordance with the plans and supporting documentation listed below and endorsed with Council’s approved stamp, except where amended by Council in red and/or by other conditions of this consent:

 

 

 

 

 

Plan

Drawn by

Stamped

DA011 Rev 01

Humphrey + Edwards Architects and Interior Designers

22 December 2011

DA101 Rev 05

22 December 2011

DA300 Rev 01

22 December 2011

DA301 Rev 01

22 December 2011

DA400 Rev 02

22 December 2011

DA401 Rev 02

22 December 2011

 

Amendment of Plans & Documentation

2.       The approved plans and documents must be amended in accordance with the following requirements and details are to be included in the Construction Certificate:

 

a)             The operable/bi-fold windows on the ground floor of the  Arden Street and Coogee Bay Road elevations of the subject building (Beach Bar) must be deleted from the approved plans and do not form part of this consent. The existing ground floor windows to the subject building (Beach Bar) must remain fixed and not operable.

 

            Fire Upgrade Works

3.       Fire safety and building upgrading works are to be implemented in accordance with the recommendations contained in the Building Code of Australia report prepared by BCA Logic Pty Ltd dated 23 march 2012.

 

4.       Written confirmation must be provided to Council from a suitably qualified Building Code of Australia/fire safety consultant, which confirms that all of the upgrading works have been carried out in accordance with the requirements of this  approval.

 

5.       A single and complete Fire Safety Certificate must be submitted to Council upon completion of the works, in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000,which includes all of the fire safety measures contained in the building and the fire safety schedule.

 

A copy of the fire safety certificate must be displayed in the building near the entrance and a copy must be forwarded to the NSW Fire Brigades. A Fire Safety Statement must also be provided to the Council and the NSW Fire Brigades on an annual basis.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

The following conditions of consent must be complied with before a ‘Construction Certificate’ is issued by either an Accredited Certifier or Randwick City Council.  All necessary information to demonstrate compliance with the following conditions of consent must be included in the documentation for the construction certificate.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent conditions and to achieve reasonable levels of environmental amenity.

 

Consent Requirements

6.       The requirements and amendments detailed in the ‘General Conditions’ must be complied with and be included in the construction certificate plans and associated documentation.

 

Heritage Requirements

7.       The colours, materials and textures of the new works to the external elements must match the detailing and colours of the existing building.

 

8.       All work shall be carried out in accordance with the principles of the Australia ICOMOS Burra Charter and to the satisfaction of the Director City Planning.

 

9.       All demolition works shall be carried out in accordance with the architectural drawings, and subsequent structural engineer’s drawings and specifications.

 

10.     A brief Digitally based archival recording of the existing property (internally and externally) including its context shall be prepared and submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development. This recording shall be in accordance with the NSW Heritage Office 2006 Guidelines for Photographic Recording of Heritage Items using Film or Digital Capture. Two copies of the endorsed archival recording shall be presented to Council, one of which shall be placed in the Local History Collection of Randwick City Library.

 

Section 94A Development Contributions

11.     In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $1,711,490.00, the following applicable monetary levy must be paid to Council: $17,115.00.

       

The levy must be paid in cash, bank cheque or by credit card prior to a construction certificate being issued for the proposed development.  The development is subject to an index to reflect quarterly variations in the Consumer Price Index (CPI) from the date of Council’s determination to the date of payment.

 

Council’s Section 94A Development Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick or at www.randwick.nsw.gov.au.

 

Long Service Levy Payments

12.     The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, must be forwarded to the Long Service Levy Corporation or the Council, in accordance with Section 109F of the Environmental Planning & Assessment Act 1979.

 

At the time of this development consent, Long Service Levy payment is applicable on building work having a value of $25,000 or more, at the rate of 0.35% of the cost of the works.

 

Security Deposits

13.     The following security deposits requirement must be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to Council’s assets and infrastructure; and as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

·           $1,000.00       -      Damage / Civil Works Security Deposit

 

The security deposits may be provided by way of a cash, cheque or credit card payment and is refundable upon a satisfactory inspection by Council upon the completion of the works which confirms that there has been no damage to Council's assets and infrastructure.

 

The developer/builder is also requested to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge and other assets prior to the commencement of any building/demolition works.

 

To obtain a refund of relevant deposits, a Security Deposit Refund Form is to be forwarded to Council’s Development Engineer upon issuing of an occupation certificate or completion of the civil works.


 

Environmental Amenity

14.     The L10 noise level emitted from the licensed premises shall not exceed the background noise level (L90) in any Octave Band Centre Frequency (31.5Hz – 8kHz inclusive) by more than 5dB between 7.00am and 12.00 midnight at the boundary of any affected residence. The background noise level shall be measured in the absence of noise emitted from the licensed premises.

 

The LA10 noise level emitted from the licensed premises shall not exceed the background noise level (LA90) in any Octave Band Centre Frequency (31.5Hz – 8kHz inclusive) between 12.00 midnight and 7.00am at the boundary of any affected residence.  The background noise level shall be measured in the absence of noise emitted from the licensed premises.

 

Notwithstanding compliance with the above, the noise from the licensed premises     shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 7.00am.

 

15.     The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage to other premises.

 

16.     A report prepared by a suitably qualified and experienced consultant in acoustics shall be submitted to Council prior to a construction certificate being issued for the development (or prior to any acoustic mitigating measures being installed/undertaken, whichever is the earlier), which demonstrates that noise and vibration emissions from the development satisfy the relevant provisions of the Protection of the Environment Operations Act 1997, Environmental Protection Authority Noise Control Manual & Industrial Noise Policy, relevant recommendations in acoustic report/s ref:TB441-03F02 (rev2,rev3)have been complied . The report shall also address any break out noise from the venue.

 

Any additional proposed acoustic mitigation measures are to be detailed and included in this report.

 

The written concurrence from Council’s Manager for Health, Building and Regulatory Services is to be obtained prior to a construction certificate being issued or prior to these works being undertaken (which ever is the earlier).

 

17.     An acoustic report, prepared by a suitably qualified and experienced consultant in acoustics, must be provided to the Council within 4 weeks of commencement of use of the proposed refurbished areas , and from time to time as requested by Council with reasonable prior notice, which demonstrates and confirms that the relevant provisions of the Protection of the Environment Operations Act 1997 and the noise criteria and requirements contained in this consent continues to be satisfied (including reference to the relevant approved acoustic report and recommendations).  The assessment must include (but not be limited to):

 

·              Monitoring from the nearest affected residential premises,

·              Monitoring and assessment during the use and operation of the premises when the maximum occupancy is present,

·              Compliance monitoring shall be carried out during the times when the nearby residential and public domain areas are likely to be most affected, this shall include (but not be limited to) the hours of operation on a Friday and/or Saturday night,

·              Ensure the break out of any internal noise complies with the set criteria. If not, nominate the necessary and required measures to ensure compliance (this may include controlling controlling internal noise; provision of sound locks; other management practices as deemed appropriate and necessary),

·              The report must include all relevant fixed and operational noise sources.

 

18.     The licensee must establish and maintain a formal and documented system for the recording and resolution of complaints made to the licensed premises by residents. All complaints are to be attended to in a courteous and efficient manner and referred promptly to the licensee or duty manager. The appropriate remedial action, where possible, is to be implemented immediately and the licensee or duty manager is to contact the complainant within 48 hours to confirm details of action taken.

 

Upon reasonable prior notice, the licensee must make available the incident book to the NSW Police and/or Council officers.

 

19.     An amended plan of management shall be submitted to and approved by Council prior to the use of the proposed areas, which details the measures to be implemented to:

 

·      ensure compliance with the relevant conditions of approval,

·      minimise the potential impact of the operation of the premises upon nearby residents and the public domain,

·      effectively minimise and manage anti-social behaviour which affects the surrounding environment, including the installation of patron advisory signage,

·      minimise noise emissions and associated nuisances,

·      effectively manage and respond to resident complaints,and

·      ensure responsible service of alcohol and harm minimization.

 

The management measures and procedures stipulated in the relevant management plan for the club premises shall be followed at all times.

 

20.     Any external lighting must not cause a nuisance to nearby residents or motorists.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

The requirements contained in the following conditions of consent must be complied with and details of compliance must be included in the construction certificate for the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Councils development consent conditions and to achieve reasonable levels of environmental amenity.

 

Compliance with the Building Code of Australia & Relevant Standards

21.     In accordance with section 80A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that all building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA).

 

22.     Access and facilities for people with disabilities must be provided to new building work in accordance with the relevant requirements of the Building Code of Australia, Disability (Access to Premises – Buildings) Standards 2010, relevant Australian Standards and conditions of consent, to the satisfaction of the Certifying Authority.  Details of the required access and facilities for people with disabilities are to be included in the plans/specifications for the construction certificate.

 

Fire Safety

23.     In existing buildings, the following works are to be carried out to (as applicable) to the satisfaction of the Certifying Authority:-

 

a)     Any new or replacement ceilings walls and floor linings and doorways are required to satisfy the relevant requirements of the Building Code of Australia,

 

b)     Any residential parts of the building art to be provided with a smoke detection and alarm system,

 

c)     Any residential part/s of the building are to be suitably fire-separated from the commercial area encompassed in this development application.

 

Details of the abovementioned items and other building and fire safety works are to be provided in the construction certificate.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The necessary documentation and information must be provided to the Council or the ‘Principal Certifying Authority’, as applicable.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity.

 

Certification and Building Inspection Requirements

24.     Prior to the commencement of any building works, the following requirements must be complied with:

 

a)     a Construction Certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979.

 

A copy of the construction certificate, the approved development consent plans and consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.

 

b)     a Principal Certifying Authority (PCA) must be appointed to carry out the necessary building inspections and to issue an occupation certificate; and

 

c)     the principal contractor must be advised of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority; and

 

d)     at least two days notice must be given to the Council, in writing, prior to commencing any works; and

 

Construction Noise & Vibration Management Plan

25.     A Construction Noise & Vibration Management Plan, prepared in accordance with the Department of Climate Change Guidelines for Construction Noise and Assessing Vibration, by a suitably qualified person, is to be developed and implemented prior to commencing site work and throughout the course of construction, to Council’s satisfaction.

 

Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents. 

 

Construction Site Management

26.     A Construction Site Management Plan must be developed and implemented throughout the site works, to Council’s satisfaction.  The construction site management plan must include the following measures, (as applicable):

 

·          location and construction of temporary site fencing / hoardings;

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          details of proposed sediment and erosion control measures;

·          site access location and construction

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          location and size of waste containers/bulk bins;

·          provisions for temporary stormwater drainage;

·          construction noise and vibration management;

·          construction traffic management details;

·          provisions for temporary sanitary facilities.

 

A copy of the Construction Site Management Plan must be provided to the Principal Certifying Authority and Council prior to commencing site works.  A copy must also be maintained on site and be made available to Council officers upon request.

 

Sydney Water

27.     All building, plumbing and drainage work must be carried out in accordance with the requirements of the Sydney Water Corporation.

 

Prior to the commencement of excavation or building works, the approved Construction Certificate plans must be submitted to a Sydney Water Quick Check agent or Customer Centre, to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if any further requirements need to be met. 

 

If suitable, the plans will be appropriately stamped.  For Quick Check agent details please refer to Sydney Water’s web site at www.sydneywater.com.au and go to the Building, Developing and Plumbing, then Quick Check or Building and Renovating or telephone 13 20 92.

 

The principal certifying authority must ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before commencing works.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

The following conditions of consent must be complied with during the demolition, excavation and construction of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity during construction.

 

Inspections during Construction

28.     The building works must be inspected by the Principal Certifying Authority, in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

Building & Demolition Work Requirements

29.     All demolition and building work associated and activities must be carried out in accordance with the following requirements:

 

·          Occupational Health & Safety Act 2000 & Regulations

·          WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·          WorkCover NSW Requirements, Guidelines and Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

·          The Protection of the Environment Operations Act 1997

·          The Protection of the Environment Operations (Waste) Regulation 2005

·          DECC/EPA Waste Classification Guidelines

·          Randwick City Council’s Asbestos Policy

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development section or a copy can be obtained from Council’s Customer Service Centre.

 

It is the responsibility of the persons undertaking demolition work to obtain the relevant WorkCover licences and permits.

 

30.     A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures and relevant environmental/occupational health and safety requirements.

 

The Demolition Work Plan must be submitted to the Principal Certifying Authority (PCA) and Council, not less than two (2) working days before commencing any demolition work.  A copy of the Demolition Work Plan must be maintained on site and be made available to Council officers upon request.

 

Removal of Asbestos Materials

31.     Any work involving the demolition, storage or disposal of asbestos products and materials must be carried out in accordance with the following requirements:

 

·          The requirements of WorkCover NSW and Randwick City Council’s Asbestos Policy.

 

·          A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation).  Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.  A copy of the relevant licence must be provided to the Principal Certifying Authority.

 

·          On sites involving the removal of asbestos, a sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and include details of the licensed contractor.

 

·          Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2005.  Details of the landfill site (which must be lawfully able to receive asbestos materials) must be provided to the Principal Certifying Authority.

 

·          A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council and the Principal Certifying Authority upon completion of the asbestos related works which confirms that the asbestos material have been removed appropriately and the relevant conditions of consent have been satisfied.

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development Section or a copy can be obtained from Council’s Customer Service Centre.

 

Sediment & Erosion Control

32.     Sediment and erosion control measures, must be implemented throughout the site works in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to Council’s satisfaction.  Details are to be included in the Construction Site Management Plan.

 

Public Safety & Site Management

33.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be complied with:

 

·        Public safety must be maintained at all times and public access to any demolition and building works, materials and equipment on the site is to be restricted. If necessary, a temporary safety fence or hoarding is to be provided to protect the public. Temporary site fences are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

·      Building materials, sand, soil, waste materials, construction equipment or other articles must not be placed upon the footpath, roadway or nature strip at any time.

 

·      The road, footpath, vehicular crossing and nature strip must be maintained in a good, safe, clean condition and free from any excavations, obstructions, trip hazards, goods, materials, soils or debris at all times.  Any damage caused to the road, footway, vehicular crossing, nature strip or any public place must be repaired immediately, to the satisfaction of Council.

 

·      Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

·      Site fencing, bulk bins/waste containers and other articles must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council. 

 

Applications to place site fencing, waste container or other articles in a public place can be made to Council’s Health, Building and Regulatory Services department.

 

Excavations & Support of Adjoining Land

34.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 E of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that the adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

35.     All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations must be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

Site Signage

36.     A sign must be erected and maintained in a prominent position on the site for the duration of the works, which contains the following details:

 

·          name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable)

·          name, address and telephone number of the Principal Certifying Authority,

·          a statement stating that “unauthorised entry to the work site is prohibited”.

 

Restriction on Working Hours

37.     Building, demolition and associated site works must be carried out in accordance with the following requirements:

 

Activity

Permitted working hours

All building, demolition and site work, including site deliveries (except as detailed below)

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Additional requirements for all development

·   Saturdays and Sundays where the preceding Friday and/or the following Monday is a public holiday - No work permitted

Internal fit-out work only within a commercial or industrial development, located in a commercial or industrial zone, which is not audible within any residential dwelling or commercial or industrial premises

·   Monday to Saturday - No time limits (subject to column 1)

·   Sunday & public holidays - No work permitted

 

An application to vary the abovementioned hours may be submitted to Council’s Manager Health, Building & Regulatory Services for consideration and approval to vary the specified hours may be granted in exceptional circumstances and for limited occasions (e.g. for public safety, traffic management or road safety reasons).  Any applications are to be made on the standard application form and include payment of the relevant fees and supporting information.  Applications must be made at least 10 days prior to the date of the proposed work and the prior written approval of Council must be obtained to vary the standard permitted working hours.

 

Building Encroachments

38.     There must be no encroachment of any structures or building work onto Council’s road reserve, footway, nature strip or public place.


 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’.

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health, safety and amenity.

 

Occupation Certificate Requirements

39.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

Fire Safety Certificate Requirements

40.     Prior to issuing an interim or final Occupation Certificate, a single and complete Fire Safety Certificate, which encompasses all of the essential fire safety measures contained in the fire safety schedule must be obtained and be submitted to Council, in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000.  The Fire safety Certificate must be consistent with the Fire Safety Schedule which forms part of the Construction Certificate.

 

A Fire Safety Statement must be provided to the Council on an annual basis, each year following the issue of a Fire Safety Certificate, which confirms that all the fire safety measures are operating in accordance with the relevant standards of performance.

 

A copy of the Fire Safety Certificate/Fire Safety Statement must be displayed in the building entrance/foyer at all times and a copy must also be forwarded to Fire and Rescue NSW.

 

Noise Control Requirements

41.     The operation of plant and equipment must not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Office of Environment and Heritage (EPA) Noise Control Guidelines.

 

Waste Management

42.     Adequate provisions are to be made within the premises for the storage, collection and disposal of trade/commercial waste and recyclable materials, to the satisfaction of Council.

 

Trade/commercial waste materials must not be disposed in or through Council’s domestic garbage service.  All trade/commercial waste materials must be collected by Council’s Trade Waste Service or a waste contractor authorised by the Waste Service of New South Wales and details of the proposed waste collection and disposal service are to be submitted to Council prior to commencing operation of the business.

 

The operator of the business must also arrange for the recycling of appropriate materials and make the necessary arrangements with an authorised waste services contractor accordingly.

 

43.     Any liquid trade waste materials are to be disposed of in accordance with the requirements of the Sydney Water, Trade Waste Department (i.e. via a grease trap) and details of compliance are to be submitted to the Principal Certifying Authority prior to the commencement of any works.

 

OPERATIONAL CONDITIONS

The following operational conditions must be complied with at all times, throughout the use and operation of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health and environmental amenity.

 

Operational Hours

44.     The hours of operation of business and commercial premises are restricted to 7.00am to 11.00pm on Monday to Saturday (inclusive) and 8.00am to 10.00pm on Sundays, maximum (unless otherwise specifically approved in a separate development consent).

 

Operational Requirements

45.     The use and operation of the premises shall not give rise to an environmental health nuisance to the adjoining/nearby premises or environment.

 

46.     There are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

The following conditions are applied to ensure compliance with the Food Act 2003 and to ensure public health and safety:

47.     The premises (including bars ,brasserie and kitchen) is to be designed, constructed and operated in accordance with the Food Act 2003, Food Regulation 2004, Australia & New Zealand Food Standards Code and Australian Standard AS 4674-2004, Design, construction and fit-out of food premises and details of compliance are to be included in the documentation for the construction certificate to the satisfaction of the certifying authority.

 

48.     Food safety practices and operation of the food premises must be in accordance with the Food Act 2003, Food Regulation 2004, Food Standards Code and Food Safety Standards at all times, including the requirements and provisions relating to:

·              Food handling – skills, knowledge and controls.

·              Health and hygiene requirements.

·              Requirements for food handlers and businesses.

·              Cleaning, sanitising and maintenance.

·              Design and construction of food premises, fixtures, fitting and equipment.

 

A failure to comply with the relevant food safety requirements is an offence and may result in legal proceedings, service of notices and/or the issuing of on-the-spot penalty infringement notices.

 

49.     All food premises/areas/bars must be registered with Council's Environmental Health section and the NSW Food Authority must also be notified of the food business in accordance with the Food Safety Standards, prior to commencement of food business operations.

 

50.     Upon completion of the work and prior to the issuing of an occupation certificate, the premises must be inspected by Council’s Environmental Health Officer to ascertain compliance with relevant Food Safety Standards and the written approval of Council (being the relevant Food Authority for this food business) must be obtained prior to the operation of the food business.

 

51.     The Proprietor of the food business and all staff carrying out food handling and food storage activities must have appropriate skills and knowledge in food safety and food hygiene matters, as required by the Food Safety Standards.

 

52.     The design and construction of food premises must comply with the following requirements, as applicable:-

 

·        The floors of kitchens, food preparation areas and the like are to be constructed of materials which are impervious, non slip and non abrasive.  The floor is to be finished to a smooth even surface, graded and drained to a floor waste connected to the sewer.

·        The intersection of walls with floor and plinths is to be coved, to facilitate cleaning.

·        Walls of the kitchen preparation areas and the like are to be of suitable construction finished in a light colour with glazed tiles, stainless steel, laminated plastics or similar approved material adhered directly to the wall adjacent to cooking and food preparation facilities or areas, to provide a smooth even surface.

·        The glazed tiling or other approved material is to extend up to the underside of any mechanical exhaust ventilation hoods and a minimum of 450mm above bench tops or other facilities and equipment.

·        Walls where not tiled are to be cement rendered or be of rigid smooth faced non-absorbent material (i.e. fibrous cement sheeting, plasterboard or other approved material) and finished to a smooth even surface, painted with a washable paint of a light colour or sealed with other approved materials.

·        The ceilings of kitchens, food preparation areas, storerooms and the like are to be of rigid smooth-faced, non absorbent material i.e., fibrous plaster, plasterboard, fibre cement sheet, cement render or other approved material.

·        All stoves, refrigerators, bain-maries, stock pots, washing machines, hot water heaters, large scales, food mixers, food warmers, cupboards, counters, bars etc to be supported on wheels, concrete plinths a minimum 75mm in height, metal legs minimum 150mm in height, brackets or approved metal framework of the like.

·        Cupboards, cabinets, benches and shelving may be glass, metal, plastic, timber sheeting or other approved material.  The use of particleboard or similar material is not permitted unless laminated on all surfaces.

·        Adequate fly screens and doors with self-closing devices, (where applicable), are to be provided to all external door and window openings. 

·        Garbage storage enclosures are to be fitted with a hose cock and the floor is to be graded and drained to an approved floor waste connected to the sewer.

·        A mechanical ventilation exhaust system hood is to be installed where cooking or heating processes are carried out in the kitchen or in food preparation areas, in accordance with the relevant requirements of Clause F4.12 of the BCA and Australian Standard AS 1668 Parts 1 & 2.

·        A Wash hand basin must be provided in convenient positions, with hot and cold water, together with a sufficient supply of soap and clean towels.  Such hot and cold water shall be supplied to the wash hand basins through an approved mixing device.

·        Ceramic tiles being provided to a height of 450mm above bench tops, wash hand basins and similar fittings.

·        A numerically scaled indicating thermometer or recording thermometer, accurate to the nearest degree Celsius being provided to refrigerators, cool rooms, other cooling appliances and bain-maries or other heated food storage/display appliances.  The thermometer is to be located so as to be read easily from the outside of the appliance.

·        All food that is to be kept hot should be heated within one (1) hour from the time when it was prepared or was last kept cold, to a temperature of not less than 60°C and keep this food hot at or above the temperature.  Food that is to be kept cold should be cooled, within four (4) hours from the time when it was prepared or was last kept hot, to a temperature of not more that 5°C and keep this food cold at or below that temperature.

 

53.     Details of proposed mechanical ventilation systems, detailing compliance with the relevant requirements of Clause F4.12 of the BCA and Australian Standard AS 1668 Parts 1 & 2 (including exhaust air quantities and discharge location points) are to be submitted to and approved by the Certifying Authority with the construction certificate and a copy of relevant documentation is to be provided to Council.

 

54.     Certificate or statement must be provided to the certifying authority and the Council, from a suitably qualified person, prior to occupation, which confirms that the mechanical ventilation system satisfies the relevant requirements of the Building Code of Australia and Australian Standards AS 1668 Parts 1 & 2.

 

55.     Liquid trade waste materials are to be disposed of in accordance with the requirements of the Sydney Water, Trade Waste Department and details of compliance are to be submitted to the certifying authority prior to the commencement of works.

 

56.     Trade/commercial waste materials must not be disposed via council’s domestic garbage service.  All trade/commercial waste materials must be collected by Council’s Trade Waste Service or a waste contractor authorised by the Waste Service of New South Wales and details of the proposed waste collection and disposal service are to be submitted to Council prior to occupation of the building.

 

57.     Adequate provisions are to be made within the premises for the storage, collection and disposal of trade/commercial waste and recyclable materials, to the satisfaction of Council

 

GENERAL ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, or other relevant legislation and requirements.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

 

A1      The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $3,000) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

A2      Building or excavation work must not be commenced until;

 

§  A Construction Certificate has been obtained from an Accredited Certifier or Council

§  An Accredited Certifier or Council has been appointed as the Principal Certifying Authority for the development

§  Council and the Principal Certifying Authority have been given at least 2 days notice (in writing) prior to commencing any works.

 

Council’s Building Approvals & Certification team can issue Construction Certificates and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent, relevant building regulations and standards of construction.  For further details contact Council’s Building Approvals & Certification team on 9399 0944.

 

A3      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA), Disability (Access to Premises – Buildings) Standards 2010 and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards.  You are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A4      Any proposed amendments to the design and construction of the building may require a new development application or a section 96 amendment to the existing consent to be obtained from Council, before carrying out such works

 

A5      This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

§  the consent of the owners of such adjoining or supported land to trespass or encroach, or

§  an access order under the Access to Neighbouring Land Act 2000, or

§  an easement under section 88K of the Conveyancing Act 1919, or

§  an easement under section 40 of the Land & Environment Court Act 1979, as appropriate.

 

Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land.  Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

 

A6      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A7      A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

 

§  Install or erect any site fencing, hoardings or site structures

§  Operate a crane or hoist goods or materials over a footpath or road

§  Placement of a waste skip or any other container or article in a public place.

 

For further information please contact Council’s Building Approvals & Certification team on 9399 0944.

 

A8      There are to be no emissions or discharges from the premises, which will give rise to an environmental or public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

A9      In existing buildings, the levels of fire and occupant safety should be upgraded where necessary and details should be incorporated in the Construction Certificate to the satisfaction of the Certifying authority.

 

Where the levels of accessibility to existing buildings do not meet current standards, if practicable, the level of accessibility should also be upgraded in conjunction with the proposed development (e.g. via the installation of a 1:8 access ramp within the building) and details included in the construction certificate application.

 

Building owners, applicants and builders are advised to liaise with the appointed Certifying Authority prior to lodgement of the Construction Certificate.

 

A10     A separate development application and construction certificate or a complying development certificate (as applicable) must be obtained if the premises is to be used for any of the purposes detailed below:

 

·       All food businesses (including premises used for the sale, storage, preparation and distribution of food and drinks)

·       Hairdressing salons, Beauty salons, Businesses involving Skin Penetration & Piercing, Massage businesses

·       Licensed premises, places of public entertainment and hotels

·       Places of Shared Accommodation (including Boarding / Lodging Houses, Bed & Breakfast businesses, Backpackers, Residential Hotels or the like

·       Cooling Towers or Warm Water Systems

·       External plant and equipment which is not encompassed in the development consent

·       Business providing any form of sexual service (i.e. brothel or the like).

 

Business premises which are used for any of these purposes must comply with relevant public health and safety legislation and requirements and they must be registered with Council prior to an Occupation Certificate being issued for the development. The relevant registration and inspection fee is also required to be paid to Council in accordance with Council’s adopted Pricing Policy.

 

A11     The applicant/owner is advised to engage the services of a suitably qualified and experienced Acoustic consultant, prior to finalising the design and construction of the development, to ensure that the relevant noise criteria and conditions of consent can be fully satisfied.

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                10 April 2012

 

 

Development Application Report No. D30/12

 

 

Subject:                  22 Alexandria Parade, South Coogee (DA/24/2012)

Folder No:                   DA/24/2012

Author:                   Adrian McKeown, Environmental Planning Assessment Officer     

 

Proposal:                             Alterations and additions to the lower ground floor level of the existing dwelling house to create a new secondary dwelling

Ward:                      East Ward

Applicant:                Joseph Coorey

Owner:                         Joseph Coorey and Therese Coorey

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

1.    Executive Summary:

 

The application has been referred to the Council for determination as the proposed development involves a SEPP 1 Objection of greater than 10%. It is proposed to exceed the development standard for maximum floor area of a secondary dwelling by 25%, pursuant to Clause 4 of Schedule 1 of the Affordable Housing SEPP. The applicant submitted a SEPP1 Objection to Council on 12 March 2012.

 

The Development Application seeks consent for alterations and additions to the lower ground floor level of the existing dwelling house to create a new secondary dwelling. The application was notified to the surrounding properties and no objections were received.

 

The application is recommended for approval.

 

2.    The Proposal:

 

The Development Application seeks consent for alterations and additions to the lower ground floor level of the existing dwelling house to create a new secondary dwelling. A new fire-rated wall is to be constructed to separate the two dwellings and a new external entrance way is to be constructed.

 

3.    The Subject Site and Surrounding Area:

 

The subject site is located on the western side of Alexandria Parade on the north-western corner of Wisdom Street. The site is located within the Zone No 2A (Residential A Zone), has a frontage of 14.1m, a depth of 32.2m and a total area of approximately 619.2m2. The site has an easterly aspect and slopes towards the street from the rear. A two storey detached dwelling exists on the site and a two storey dwelling is located to the north of the subject site.  Existing development within the locality consists primarily of single and two storey detached dwellings.

 

Figure 1:  The existing dwelling on the subject site.

 

4.    Site History:

 

Council approved DA/1117/2004 for the construction of a new steel framed carport structure with a tilt up garage door; and

 

Council approved DA/1195/2001 for alterations and additions to the existing dwelling house including new basement garages and a first floor addition.

 

5.    State Environmental Planning Policy (SEPP) No. 1 Development Standards:

 

The proposal seeks to vary a development standard contained within the State Environmental Planning Policy (Affordable Rental Housing) 2009. A SEPP 1 objection has been submitted to Council.

 

Pursuant to Clause 4 of Schedule 1 of the SEPP, the floor area of a secondary dwelling must not be more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, the floor area of a secondary dwelling must not be greater than that development standard.

 

Given that no greater floor area is permitted under another environmental planning instrument, the development standard (60 square metres) applies to the development. The proposed variation is summarised in the table below:

 

 

Floor Space

LEP development standard

The floor area of a secondary dwelling must not be more than 60 square metres.

Proposal

The floor area of the secondary dwelling is proposed to be 75 square metres.

Excess above the LEP standard

15m2 above the development standard which equates to a proposed 25% excess.

 

In assessing the applicant’s SEPP 1 objection, the principles established from the NSW Land and Environment Court case, Wehbe v Pittwater Council [2007] NSWLEC 827 have been addressed. The case has established that the upholding of a SEPP 1 objection is a precondition which must be satisfied before a proposed development can be approved by the consent authority:

 

Matter 1

The Court must be satisfied that “the objection is well founded” (clause 7 of SEPP 1). The objection is to be in writing, be an objection “that compliance with that development standard is unreasonable or unnecessary in the circumstances of the case”, and specify “the grounds of that objection” (clause 6 of SEPP 1).

 

·      Comments:

The stated aims of the SEPP which apply to secondary dwellings are to:

 

-      To provide a consistent planning regime for the provision of affordable rental housing;

 

-      To facilitate the effective delivery of new affordable rental housing by providing incentives by way of expanded zoning permissibility, floor space ratio bonuses and non-discretionary development standards; and

 

-      To support local business centres by providing affordable rental housing for workers close to places of work.

 

The applicant has submitted a written SEPP 1 objection, which outlines the following justifications for the variation to the standard:

 

-      The proposed works are entirely within the existing envelope for the dwelling on the site meaning there will be no increase in the perceived bulk and scale of the building;

 

-      The development is consistent the zone objectives of the RLEP (Consolidation) with regard to Residential 2A areas. The proposal will maintain a low density residential environment of the locality and will maintain the desirable attributes of the established residential area by protecting the amenity of local residents;

 

-      The proposal will result in a net increase in affordable housing within the locality;

 

-      The proposed works will provide affordable housing without impacting on the amenity of neighbouring dwellings or the character and density of the area;

 

-      In order for the proposal to comply with the development standard, the proposed kitchen and existing window would need to be reduced in size. This would be unreasonable under the circumstances; and

 

-      The proposal will not impose any undesirable precedent for the area given that the proposal is not easily emulated on neighbouring sites.

 

It is considered that the proposal is satisfactory and compliance with the development standard is unreasonable and unnecessary based on the following reasons:

 

-        It is considered that the proposal is not inconsistent with the objectives of the SEPP and it is considered that the proposed secondary dwelling will be consistent with residential character of development in the area;

 

-        The proposed floor space ratio for the dwelling and the secondary dwelling on the subject site would meet the objectives and performance requirements of the DCP – Dwelling Houses; and

 

-        As will be discussed in the following sections, the proposal does not result in any adverse impacts on the adjoining residential properties in terms of perceived bulk and scale, overshadowing and privacy.

 

In conclusion, the submitted SEPP 1 objection has addressed the consistency of the proposed development with the underlying and stated purposes of the standard, the local planning objectives for the locality and objectives of the Act. The objection has appropriately justified that the strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case. As such, it is considered that the objection is well founded.

 

Matter 2

The Court must be of the opinion that “granting of consent to that development application is consistent with the aims of this Policy as set out in clause 3” (clause 7 of SEPP 1).

 

The aims and objects of SEPP 1 set out in clause 3 are to provide “flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in section 5(a)(i) and (ii) of the Act”. The last mentioned objects in section 5(a)(i) and (ii) of the Act are to encourage:

 

“(1) the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment,

(2) the promotion and coordination of the orderly and economic use of developed land.”

 

·      Comments:

The variation from the floor space standard is not inconsistent with the aims of SEPP 1 as it would not detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the resultant development would promote the orderly and economic use of the land, and would not result in significant adverse environmental or social impacts.

 

Matter 3

The Court must be satisfied that a consideration of the matters in clause 8(a) and (b) of SEPP 1 justifies the upholding of the SEPP 1 objection. The matters in clause 8(a) and (b) are:

 

“(a) whether non-compliance with the development standard raises any matter of significance for State or regional environmental planning, and

(b) the public benefit of maintaining the planning controls adopted by the environmental planning instrument”.

 

·      Comment:

The proposed development and variation from the development standards do not raise any matters of significance for State or regional environmental planning. The strict adherence to the numerical standard will not allow the best economic use of the site and the delivery of a suitably scaled in-fill residential development in an established neighbourhood. In this instance, there is no public benefit in maintaining the control.

 

Ways of establishing that compliance is unreasonable or unnecessary

 

Preston C J expressed the view that an objection under SEPP 1 may be well founded and be consistent with the aims set out in clause 3 of the Policy in a variety of ways:

 

First

The most commonly invoked way is to establish that compliance with the development standard is unreasonable or unnecessary because the objectives of the development standard are achieved notwithstanding non-compliance with the standard.

 

The rationale is that development standards are not ends in themselves but means of achieving ends. The ends are environmental or planning objectives. If the proposed development proffers an alternative means of achieving the objective, strict compliance with the standard would be unnecessary and unreasonable.

 

Comments:

As discussed above, strict compliance with the development standard is unreasonable and unnecessary as the proposed secondary dwelling will achieve the objectives of the development standard.

 

Second

A second way is to establish that the underlying objective or purpose is not relevant to the development with the consequence that compliance is unnecessary.

 

Comments:

The underlying objective or purpose of the standard is relevant to the subject development.

 

Third

A third way is to establish that the underlying objective or purpose would be defeated or thwarted if compliance was required with the consequence that compliance is unreasonable.

 

Comments:

The underlying objective of the standards would not be defeated or thwarted as full compliance in this instance is unreasonable.

 

Fourth

A fourth way is to establish that the development standard has been virtually abandoned or destroyed by the Council’s own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable.

 

Comments:

The floor space standard has not compromised by any decision or actions of Council.

 

Fifth

A fifth way is to establish that “the zoning of particular land” was “unreasonable or inappropriate” so that “a development standard appropriate for that zoning was also unreasonable or unnecessary as it applied to that land” and that “compliance with the standard in that case would also be unreasonable or unnecessary.

 

Comments:

The existing Residential A zoning is not considered to be inappropriate for the locality.

 

6.    Community Consultation:

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification.  No submissions were received regarding the application. 

 

A BASIX Certificate, a Survey Plan and a SEPP 1 Objection were submitted to Council on 12 March 2012. Given that the amended information did not materially change the proposed works as originally notified, it was not considered necessary to re-notify the amended information to neighbouring dwellings.

 

7.    Technical Officers Comments:

 

7.1      Development Engineer Referral Comments:

 

Section 73 Comments

Under Sydney Water guidelines, applications for secondary dwellings made under the SEPP (Affordable Housing) are no longer required to obtain a S73 compliance certificate.

 

Parking Comments

Parking is not required to be provided for the granny flat under the provisions of the SEPP (Affordable Housing).

 

 

Landscape Comments

There are no existing trees, (covered by Council's Tree Preservation Order), that will be affected by this proposal.

 

8.    Master Planning Requirements

 

The site has a site area less than 10,000sqm and is not subject to the requirements of Clause 40A of the Randwick Local Environmental Plan 1998 (Consolidation) - Site specific development control plans.

 

9.    Relevant Environmental Planning Instruments:

 

The Development application has been assessed in accordance with the provisions of the following relevant planning documents:

 

9.1      State Environmental Planning Policy (Affordable Rental Housing) 2009

 

Secondary Dwellings

Matter 1:

A consent authority must not consent to development to which this Division applies (Division 2 Secondary dwellings) if there is on the land, or if the development would result in there being on the land, any dwelling other than the principal dwelling and the secondary dwelling. 

 

Comment:

The proposed secondary dwelling will not result in there being any dwelling other than the principal dwelling and the secondary dwelling on the site.

 

Matter 2:

A consent authority may only consent to development to which this Division applies (Division 2 Secondary dwellings) if:

 

·      The total floor area of the principal dwelling and the secondary dwelling is less than the maximum floor area allowed for a dwelling house on the land under another environmental planning instrument; and

·      The total floor area of the secondary dwelling is no more than 60 square metres; or

·      If a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, that greater floor area.

 

Officer Comment:

The total floor area of the secondary dwelling (75m2) is more than 60 square metres. The applicant submitted a SEPP 1 objection relating to the departures from the development standards on 12 March 2012. See further discussion above - Part 6.

 

Matter 3:

A consent authority must not refuse consent to development to which this Division applies (Division 2 Secondary dwellings) on the grounds of site area if the secondary dwelling is located within, or is attached to, the principal dwelling, or the site area is at least 450 square metres.

 

Officer Comment:

The proposed secondary dwelling is recommended for approval.

 


Matter 4:

A consent authority must not refuse consent to development to which this Division applies (Division 2 Secondary dwellings) on the grounds of no additional parking being provided on the site.

 

Officer Comment:

Additional parking is not proposed for the site. Nevertheless, the proposed secondary dwelling is recommended for approval (See further discussion below - Part 11.2).

 

9.2      SEPP (Building Sustainability Index: BASIX) 2004.

The proposal is for additions to a dwelling and the applicant has provided a BASIX certificate in accordance with the requirements of the SEPP. The provision of a certificate indicates that compliance with the current targets set for energy and water conservation have been met by the development. The certificate also identifies the measures to be shown on Development Application plans to ensure these targets are maintained through to construction.

The plans have been checked and they are consistent with the requirements indicated on the submitted BASIX certificate for DA stage. Standard conditions of consent requiring the continued compliance of the development with the SEPP:BASIX have been included in the recommendation section of this report.

 

9.3      Randwick Local Environmental Plan 1998 (Consolidation).

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent. The following clauses of the Randwick Local Environmental Plan 1998 (Consolidation) are applicable to the development:

 

Clause 10 - Zone No 2A (Residential A Zone)

The site is zoned 2A Residential under the Randwick Local Environmental Plan 1998 (Consolidation).  The proposal is consistent with the aims of RLEP 1998 (Consolidation) and the specific objectives of the zone in that the proposed activity and built form will maintain the desirable attributes of established residential areas; and protect the amenity of existing residents.

 

Clauses 20E, 20F & 20G

The proposal complies with the minimum landscaped area and the maximum building height for the site. See further discussion regarding floor space ratio – Parts 6 and 12.

 

Clause 29  Foreshore Scenic Protection Area

The site is identified as being within the Foreshore Scenic Protection Area. Council as the consent authority may only grant consent to this type of development after it has considered the probable aesthetic appearance of the proposed building in relation to the foreshore.

 

It is considered that the proposed development will not be detrimental to the visual qualities of the Foreshore Scenic Protection Area. The proposal will be constructed within the existing building envelope and no new external finishes are to be installed.

 

10. Relevant Draft Environmental Planning Instruments:

 

Randwick Council’s Draft RLEP 2012 is currently on exhibition. Under the Draft RLEP 2012, the subject site is located within zone R2 Low Density Residential which is consistent with the current 2A zoning of the site. The proposed development is consistent with the relevant objectives, aims and provisions under the Draft RLEP as demonstrated by the following table:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning:

 

Is development permitted under zoning?

2A

R2

Yes

Floor Space Ratio (Maximum)

0.59

0.65

Yes

Height of Building (Maximum)

9.5m

9.5m

Yes

Lot Size (Minimum)

N/A

N/A

N/A

Heritage:

·    Draft Heritage Item

·    Draft Heritage Conservation Area

·    In vicinity of draft item or area

N/A

N/A

N/A

 

11. Policy Controls

 

11.1    Development Control Plan – Dwelling Houses and Attached Dual Occupancies:

The proposal generally satisfies the preferred solutions of the DCP for Dwelling Houses and Attached Dual Occupancies.

 

11.2    Parking Development Control Plan:

The parking requirement for a dwelling house with 3 or more bedrooms is 2 off-street parking spaces. There are 2 off-street parking spaces on the site and the proposal is therefore compliant with the objectives and performance requirements of the DCP.

 

11.3  Council Policies:

No Council policies are relevant to the proposal.

 

12. Environmental Assessment:

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.

 

Bulk and Scale:

An existing two storey detached dwelling is proposed to be altered to include a new secondary dwelling to the ground floor part of the building. There will be no increase in the existing perceived bulk and scale of the building as viewed from the streetscape and from neighbouring dwellings. It is noted that the floor space ratio for the development will exceed the development standard for floor space ratio however the applicant submitted a SEPP 1 Objection to the development standard on 12 March 2012. Support for the submitted SEPP 1 Objection is recommended.

 

Visual and Acoustic Privacy:

An existing two storey detached dwelling is proposed to be altered to include a new secondary dwelling to the ground floor part of the building. No additional fenestration is proposed which may impose any unreasonable additional privacy impact on neighbouring dwellings.

 


Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Direction 4A:       Excellence in urban design and development.

Direction 4B:        New and existing development is managed by a robust framework.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal complies with the objectives and performance requirements of the Dwelling Houses and Attached Dual Occupancies DCP however does not comply with a development standard contained within the State Environmental Planning Policy (Affordable Rental Housing) 2009. Nevertheless, support is recommended for a SEPP 1 Objection relating to Floor Area.  If approved, the proposed development would not result in any unreasonable or significant adverse impacts upon the amenity of the adjoining premises and the character of the locality.

 

Recommendation

 

A.       That Council support the objection under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clause 4 of Schedule 1 of the Affordable Rental Housing SEPP 2009, relating to Floor Area, on the grounds that the proposed development is consistent with the objective of the clause and will not adversely affect the amenity of the surrounding locality and that the Department of Planning be advised accordingly.

 

B.       That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/24/2012 for alterations and additions to the lower ground floor level of the existing dwelling house to create a new secondary dwelling, at No. 22 Alexandria Parade, South Coogee, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

The development must be carried out in accordance with the following conditions of consent.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of environmental amenity.

 

Approved Plans & Supporting Documentation

1.       The development must be implemented substantially in accordance with the plans and supporting documentation listed below and endorsed with Council’s approved stamp, except where amended by Council in red and/or by other conditions of this consent:

 

Plan

Drawn by

Dated

Received

DA-01

Jessica Matson Architect

9 December 2011

18 January 2012

DA-02

Jessica Matson Architect

9 December 2011

18 January 2012

DA-03

Jessica Matson Architect

9 December 2011

18 January 2012

DA-04

Jessica Matson Architect

9 December 2011

18 January 2012

DA-05

Jessica Matson Architect

9 December 2011

18 January 2012

 

BASIX Certificate

No.

Dated

 

419183S

9 March 2012

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

The following conditions of consent must be complied with before a ‘Construction Certificate’ is issued by either Randwick City Council or an Accredited Certifier.  All necessary information to demonstrate compliance with the following conditions of consent must be included in the documentation for the construction certificate.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent conditions and to achieve reasonable levels of environmental amenity.

 

Consent Requirements

2.       The requirements and amendments detailed in the ‘General Conditions’ must be complied with and be included in the construction certificate plans and associated documentation.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

The requirements contained in the following conditions of consent must be complied with and details of compliance must be included in the construction certificate for the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Councils development consent conditions and to achieve reasonable levels of environmental amenity.

 

Compliance with the Building Code of Australia

3.       In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that all building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA).  Details of compliance with the BCA are to be included in the construction certificate application.

 

Smoke Alarms

4.       Smoke alarms are required to be installed in accordance with the relevant provisions of the Building Code of Australia (volume 2) smoke alarms must comply with AS3786.  Smoke alarms must be connected to the consumer mains electric power supply and provided with a battery back-up.  Details of compliance are to be included in the construction certificate.

 

BASIX Requirements

5.       In accordance with section 80A(11) of the Environmental Planning & Assessment Act 1979 and clause 97A of the Environmental Planning & Assessment Regulation 2000, the requirements and commitments contained in the relevant BASIX Certificate must be complied with.

 

The required commitments listed and identified in the BASIX Certificate must be included on the construction certificate plans, specifications and associated documentation, to the satisfaction of the Certifying Authority.

 

The design of the building must not be inconsistent with the development consent and any proposed variations to the building to achieve the BASIX commitments may necessitate a new development consent or amendment to the existing consent to be obtained, prior to a construction certificate being issued.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The necessary documentation and information must be provided to the Council or the ‘Principal Certifying Authority’, as applicable.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity.

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

6.       Prior to the commencement of any building works, the following requirements must be complied with:

 

a)     a Construction Certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979.

 

A copy of the construction certificate, the approved development consent plans and consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.

 

b)     a Principal Certifying Authority (PCA) must be appointed to carry out the necessary building inspections and to issue an occupation certificate; and

 

c)     a principal contractor must be appointed for the building work, or in relation to residential building work, an owner-builder permit may be obtained in accordance with the requirements of the Home Building Act 1989, and the PCA and Council are to be notified accordingly; and

 

d)     the principal contractor must be advised of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority; and

 

e)     at least two days notice must be given to the Council, in writing, prior to commencing any works.

 

In relation to residential building work, the principal contractor must be the holder of a contractor licence, in accordance with the provisions of the Home Building Act 1989.

 

Home Building Act 1989

7.       In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, the requirements of the Home Building Act 1989 must be complied with.

 

Details of the Licensed Building Contractor and a copy of the relevant Certificate of Home Warranty Insurance or a copy of the Owner-Builder Permit (as applicable) must be provided to the Principal Certifying Authority and Council.

 

Construction Noise & Vibration Management Plan

8.       Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant requirements of the Protection of the Environment Operations Act 1997 and NSW DECC Guidelines must be satisfied at all times.

 

Noise and vibration from any rock excavation machinery, pile drivers and all plant and equipment must be minimised, by using appropriate plant and equipment, silencers and the implementation of noise management strategies.

 

A Construction Noise Management Plan, prepared in accordance with the NSW DECC Construction Noise Guideline by a suitably qualified person, is to be implemented throughout the works.  A copy of the strategy must be provided to the Principal Certifying Authority and Council prior to the commencement of works on site.

 

Temporary Site Fencing

9.       Temporary site safety fencing must be provided to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres).  Temporary site fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

Temporary site fences are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

Temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

If it is proposed to locate any site fencing, hoardings or amenities upon any part of the footpath, nature strip or public place, a Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services before placing any item or article on the road, footpath or nature strip.

 

Construction Site Management Plan

10.     A Construction Site Management Plan must be developed and implemented prior to the commencement of any works. The construction site management plan must include the following measures, as applicable to the type of development:

 

·            location and construction of protective fencing / hoardings to the perimeter of the site;

·            location of site storage areas/sheds/equipment;

·            location of building materials for construction;

·            provisions for public safety;

·            dust control measures;

·            site access location and construction

·            details of methods of disposal of demolition materials;

·            protective measures for tree preservation;

·            provisions for temporary sanitary facilities;

·            location and size of waste containers/bulk bins;

·            details of proposed sediment and erosion control measures;

·            provisions for temporary stormwater drainage;

·            construction noise and vibration management;

·            construction traffic management details.

 

The site management measures must be implemented prior to the commencement of any site works and be maintained throughout the works, to the satisfaction of Council.

 

A copy of the Construction Site Management Plan must be provided to the Principal Certifying Authority and Council prior to commencing site works.  A copy must also be maintained on site and be made available to Council officers upon request.

 

Sydney Water

11.     Prior to the commencement of excavation or building works, the approved Construction Certificate plans must be submitted to a Sydney Water Quick Check agent or Customer Centre, to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if any further requirements need to be met. 

 

If suitable, the plans will be appropriately stamped.  For Quick Check agent details please refer to Sydney Water’s web site at www.sydneywater.com.au and go to the Building, Developing and Plumbing, then Quick Check or Building and Renovating or telephone 13 20 92.

 

The principal certifying authority must ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before commencing works.

 

Public Utilities

12.     The applicant must meet the full cost for telecommunication companies, gas providers, Energy Australia and Sydney Water to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

The following conditions of consent must be complied with during the demolition, excavation and construction of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity during construction.

 

Inspections During Construction

13.     The building works must be inspected by the Principal Certifying Authority, in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

The Principal Certifying Authority must specify the relevant stages of construction to be inspected and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

Site Signage

14.     A sign must be erected and maintained in a prominent position on the site for the duration of the works, which contains the following details:

 

·                 name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable)

·                 name, address and telephone number of the Principal Certifying Authority,

·                 a statement stating that “unauthorised entry to the work site is prohibited”.

 

Restriction on Working Hours

15.     Building, demolition and associated site works must be carried out in accordance with the following requirements:

 

Activity

Permitted working hours

All building, demolition and site work, including site deliveries (except as detailed below)

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

An application to vary the abovementioned hours may be submitted to Council’s Manager Health, Building & Regulatory Services for consideration and approval to vary the specified hours may be granted in exceptional circumstances and for limited occasions (e.g. for public safety, traffic management or road safety reasons).  Any applications are to be made on the standard application form and include payment of the relevant fees and supporting information.  Applications must be made at least 10 days prior to the date of the proposed work and the prior written approval of Council must be obtained to vary the standard permitted working hours.

 

Work Requirements

16.     The proposed works and the removal, storage, handling and disposal of building materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment, Climate Change & Water and Randwick City Council policies, including:

 

·                 Occupational Health & Safety Act 2000 & Regulations

·                 WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·                 WorkCover NSW Guidelines and Codes of Practice

·                 Australian Standard 2601 (2001) – Demolition of Structures

·                 The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 2005

·                 Relevant DECCW/EPA Guidelines

·                 Randwick City Council Asbestos Policy

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development section or a copy can be obtained from Council’s Customer Service Centre.

 

Sediment & Erosion Control

17.     Sediment and erosion control measures, must be implemented throughout the site works in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to Council’s satisfaction.  Details are to be included in the Construction Site Management Plan.

 

Public Safety & Site Management

18.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be complied with:

 

·          Building materials, sand, soil, waste materials, construction equipment or other articles must not be placed upon the footpath, roadway or nature strip at any time.

 

·          The road, footpath, vehicular crossing and nature strip must be maintained in a good, safe, clean condition and free from any excavations, obstructions, trip hazards, goods, materials, soils or debris at all times.  Any damage caused to the road, footway, vehicular crossing, nature strip or any public place must be repaired immediately, to the satisfaction of Council.

 

·          Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

·          Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council.  Applications to place a waste container in a public place can be made to Council’s Health, Building and Regulatory Services department.

 

·          Temporary safety fencing is to be provided to any swimming pools under construction, pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’.

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health, safety and amenity.

 

Occupation Certificate Requirements

19.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The relevant requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

20.     The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

21.     All external civil work to be carried out on Council property (including the installation and repair of roads, footpaths, vehicular crossings, kerb and guttering and drainage works), must be carried out in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works" and the following requirements:

 

a)    All work on Council land must be carried out by Council, unless specific written approval has been obtained from Council to use non-Council contractors.

 

b)    Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to issuing an occupation certificate, together with payment of the relevant fees.

 

c)    If it is proposed to use non-Council contractors to carry out the civil works on Council land, the work must not commence until the written approval has been obtained from Council and the work must be carried out in accordance with the conditions of consent, Council’s design details and payment of a Council design and supervision fee.

 

d)    The civil works must be completed in accordance with Council’s conditions of consent and approved design and construction documentation, prior to occupation of the development, or as otherwise approved by Council in writing.

 

22.     That part of the naturestrip upon Council's footway which is damaged during the construction of the proposed works shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicant’s expense prior to the issue of a final Occupation Certificate.

 

BASIX Requirements

23.     In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue an Occupation Certificate for this development, unless it is satisfied that each of the required BASIX commitments have been fulfilled.

 

Relevant documentary evidence of compliance with the BASIX commitments is to be forwarded to the Council upon issuing an Occupation Certificate.

 

 

 

OPERATIONAL CONDITIONS

The following operational conditions must be complied with at all times, throughout the use and operation of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health and environmental amenity.

 

External Lighting

24.     External lighting to the premises must be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, or other relevant legislation and Council’s policies.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

 

A1      The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $1,500) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

A2      Demolition, building or excavation work must not be commenced until;

§  A Construction Certificate has been obtained from Council or an Accredited Certifier

§  Council or an Accredited Certifier has been appointed as the Principal Certifying Authority for the development

§  Council and the Principal Certifying Authority have been given at least 2 days notice (in writing) prior to commencing any works.

 

A3      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA) and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards and you are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A4      Council’s Building Approvals & Certification team can issue Construction Certificates and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent, relevant building regulations and standards of construction.  For further details contact Council’s Building Approvals & Certification team on 9399 0944.

 

A5      A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

 

§  Install or erect any site fencing, hoardings or site structures

§  Operate a crane or hoist goods or materials over a footpath or road

§  Placement of a waste skip or any other container or article.

 

For further information please contact Council’s Building Approvals & Certification team on 9399 0944.

 

A6      Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the Certifying Authority.

 

A7      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A8      This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

§  the consent of the owners of such adjoining or supported land to trespass or encroach, or

§  an access order under the Access to Neighbouring Land Act 2000, or

§  an easement under section 88K of the Conveyancing Act 1919, or

§  an easement under section 40 of the Land & Environment Court Act 1979, as appropriate.

 

Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land.  Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

 

A9      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

Attachment/s:

 

Nil

 

 


Planning Committee                                                                                                10 April 2012

 

 

Development Application Report No. D31/12

 

 

Subject:                  5 Severn Street, Maroubra (DA/885/2011)

Folder No:                   DA/885/2011

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Construction of new garages, courtyard and balconies within an existing multi unit housing development

Ward:                      Central Ward

Applicant:                Owners Corporation SP 1813

Owner:                         Owners Corporation SP 1813

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The application details the demolition of an existing garage structure to the rear of the building and erection of a new four car garage within the rear yard, the installation of a private courtyard with balcony above to the rear of the building and installation of sliding doors to the rear of the building to access the balcony.

 

The application is referred to Council for determination as the area of landscaping to the site is less than the minimum as detailed in the LEP and is deficient by more than 10%.

 

The main issues are the impact of the development upon the amenity of the adjoining dwellings and the established character of the locality.

 

The application is recommended for approval.

 

2.    The Proposal

 

The application details the demolition of the existing two car garage directly behind the building and the construction of a new four car garage across the rear portion of the site with a garage being allocated to each of the four dwellings within the building.

 

To the rear of the site it is proposed to provide for a private courtyard of 35m² and balcony of 15m² above for the use of the rear dwelling.

 

Access to the garaging will be via the existing driveway to the southern side of the building. Rainwater tanks will be installed beneath the new garages and new retaining and boundary walls included to the rear of the side boundaries.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the southern side of Severn Street and contains an existing two storey multi unit housing development containing four dwellings. The site has dimensions of 15.24m x 54.865 with an area of 829m². The locality is residential in nature and contains predominantly multi unit housing development. The locality is within the Foreshore Scenic Protection area.

 

4.    Community Consultation

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification.  No response has been received to the notification.

 

5.    Technical Officers Comments

 

The application has been referred to Council’s Development Engineer for comment. Advice has been provided that there are no objections to the proposal and conditions have been recommended for inclusion with any development consent in relation to stormwater drainage, infrastructure and a required splay to the proposed balcony to improve traffic manoeuvrability within the driveway.

 

6.      Randwick Local Environmental Plan 1998

 

The site is zoned 2C under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

Clause 20E Landscaped area

Development other than for the purpose of a dwelling house within a 2C zone must provide a minimum of 50% of the total site area as landscaped area. The resultant landscaped area on site is only 24% of the area. A SEPP 1 Objection to this standard has been lodged by the applicant for consideration and is discussed below.

 

Clause 20F Floor Space Ratios

The maximum floor space ratio for buildings other than buildings erected for the purpose of a dwelling house within 2C zones is 0.9:1. This proposal will result in the total floor space ratio of the buildings on site being 0.67:1 which complies with this control.

 

Clause 20G Building Heights

The maximum height for a building other than a dwelling house within a 2C zone is 12m from any point on ground level with a maximum external wall height of 10m. The new garage building has a height of 3.1m overall which satisfies this control of the LEP.

 

6.1    State Environmental Planning Policy (SEPP) No. 1 Development Standards

The proposal seeks to vary development standards contained within RLEP 1998. A SEPP 1 objection has been submitted to Council.

 

Pursuant to Clauses 20E of RLEP 1998, the minimum landscaping required within a 2C zone is 50% of the site. The proposed variation is summarized in the table below:

 

 

Landscaping

Proposal

21.6% (178.7m²)

LEP development standard

50% (415m2)

Excess above or less than the LEP standard

57% excess (236m2)

 

In assessing the applicant’s SEPP 1 objection, the principles established from the NSW Land and Environment Court case, Wehbe v Pittwater Council [2007] NSWLEC 827 have been addressed. The case has established that the upholding of a SEPP 1 objection is a precondition which must be satisfied before a proposed development can be approved by the consent authority:

 

Matter 1

The Court must be satisfied that “the objection is well founded” (clause 7 of SEPP 1). The objection is to be in writing, be an objection “that compliance with that development standard is unreasonable or unnecessary in the circumstances of the case”, and specify “the grounds of that objection” (clause 6 of SEPP 1).

 

Landscaping- Clause 20E

The stated purpose of the Landscaping standard as outlined in the LEP is:

 

“To operate together with controls for floor space ratio and building height to limit the size and site coverage of a building having regard to the environmental amenity and aesthetic character of the area”.

 

The applicant has submitted a written SEPP 1 objection, which outlines the following justifications for the variation to the standard:

 

The existing landscaping area at 24.2% is already well below the minimum landscaping area required of 50% of the site area. The reduction in landscaping area is relatively minor.

 

 Amenity for residents will be improved with the private courtyard and balcony proposed.

 

The problem of on street parking in Severn Street will be greatly reduced with two additional garages provided on site.

 

The benefits and improved amenity for the residents will far outweigh the minor reduction in landscaping area of only 22m².

 

It is considered that the proposal is unsatisfactory and compliance with the development standard is reasonable and necessary based on the following reasons:

 

The existing area of landscaping is already less than the minimum standard and the further reduction in comparison with the existing situation is not significant and in this instance the amenity of the residents is improved by the ability of the residents to access off street parking which also frees two parking spaces in the street for general public parking. The site still retains two large areas of landscaped open space to the front and rear of the property that will provide for recreational space and the planting of significant trees and shrubs.

 

Therefore the submitted SEPP 1 objection has addressed the consistency of the proposed development with the underlying and stated purposes of the standard, the local planning objectives for the locality and objectives of the Act. The objection has appropriately justified that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case, especially because of the existing area of landscaping provided. As such, it is considered that the objection is well founded.

 

Matter 2

The Court must be of the opinion that “granting of consent to that development application is consistent with the aims of this Policy as set out in clause 3” (clause 7 of SEPP 1).

 

The aims and objects of SEPP 1 set out in clause 3 are to provide “flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in section 5(a)(i) and (ii) of the Act”. The last mentioned objects in section 5(a)(i) and (ii) of the Act are to encourage:

 

“(1) the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment,

(2) the promotion and coordination of the orderly and economic use of developed land.”

 

The variation from landscaping standard is consistent with the aims of SEPP 1 as they would detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the resultant development would promote the orderly use of the land.

 

Matter 3

The Court must be satisfied that a consideration of the matters in clause 8(a) and (b) of SEPP 1 justifies the upholding of the SEPP 1 objection. The matters in clause 8(a) and (b) are:

 

“(a) whether non-compliance with the development standard raises any matter of significance for State or regional environmental planning, and

(b) the public benefit of maintaining the planning controls adopted by the environmental planning instrument”.

 

The proposed development and variation from the development standard do not raise any matters of significance for State or regional environmental planning and there is no public benefit in maintaining the control in this instance.

 

Ways of establishing that compliance is unreasonable or unnecessary

 

Preston C J expressed the view that an objection under SEPP 1 may be well founded and be consistent with the aims set out in clause 3 of the Policy in a variety of ways:

 

First

The most commonly invoked way is to establish that compliance with the development standards is unreasonable or unnecessary because the objectives of the development standard are achieved notwithstanding non-compliance with the standard.

 

The rationale is that development standards are not ends in themselves but means of achieving ends. The ends are environmental or planning objectives. If the proposed development proffers an alternative means of achieving the objective, strict compliance with the standard would be unnecessary and unreasonable.

 

Comments:

As discussed above, strict compliance with the development standards is unreasonable and unnecessary.

 

Second

A second way is to establish that the underlying objective or purpose is not relevant to the development with the consequence that compliance is unnecessary.

 

Comments:

The underlying objective or purpose of the standards is relevant to the subject development, however as discussed above strict compliance in this instance is not necessary.

 

Third

A third way is to establish that the underlying objective or purpose would be defeated or thwarted if compliance was required with the consequence that compliance is unreasonable.

 

Comments:

The underlying objective of the standards will not be defeated or thwarted as full compliance in this instance is unreasonable.

 

Fourth

A fourth way is to establish that the development standard has been virtually abandoned or destroyed by the Council’s own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable.

 

Comments:

The landscaping development standard has not been abandoned or discarded by any decision or actions of Council.

Fifth

A fifth way is to establish that “the zoning of particular land” was “unreasonable or inappropriate” so that “a development standard appropriate for that zoning was also unreasonable or unnecessary as it applied to that land” and that “compliance with the standard in that case would also be unreasonable or unnecessary.

 

Comments:

The existing Residential zoning is not considered to be inappropriate for the locality.

 

6.2      Policy Controls

 

Development Control Plan – Multi Unit Housing Development

Height

The proposed new garage building has an overall height of 3.1m which complies with the maximum control.

 

Building Setbacks

The proposed new building has side boundary setbacks of 1215mm to the eastern and 1000mm to the western side boundaries and up to 8425mm from the rear boundary. These proposed setbacks are consistent with setbacks to other outbuildings in the locality and the position of the building and combination with the boundary setbacks will not result in any impacts to the amenity of the adjoining properties.

 

Density

The proposed development will result in the total floor space ratio of the buildings being 0.67:1 which satisfies the LEP control.

 

Landscaped area

The proposal will result in a further reduction in the existing area of landscaping to the site which will result in the total available area being less than the LEP control. A SEPP 1 Objection has been lodged arguing that strict compliance is not necessary and is recommended for support.

 

Privacy

There is a potential for overlooking into adjoining properties from the new balcony at the rear of the building. A condition of consent is recommended to require the installation of a privacy screen to the eastern side of the balcony to mitigate overlooking into the adjoining properties.

 

Parking

Under the controls of the parking DCP the proposal attracts a requirement of 4 spaces, including 1 visitor parking space. At present there are two off street parking spaces in the garages within the rear yard. The proposal details the demolition of those two garages and replacement with a four car garage with one space being allocated to each dwelling.

 

In this instance there are no major objections to the parking requirements not being strictly complied with as the new garages improve the existing parking on site and to provide for additional parking would require a further reduction in the landscaping available on site.

 

Foreshore Scenic Protection area

The existing appearance of the building as viewed from the public domain is not altered.

 

7    Environmental Assessment

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.

 

Section 79C ‘Matters for Consideration’

Comments

Environmental Planning Instruments

Section 79C(1)(a)(i) – Provisions of any environmental planning instrument

Randwick Local Environmental Plan 1998 (Consolidation).

The site is zoned Residential 2C under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent.

The proposal is consistent with the aims of RLEP 1998 and the specific objectives of the zone in that the proposed activity and built form will enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality.

Section 79C(1)(a)(ii) – Provisions of any draft environmental planning instrument

See comments below

Section 79C(1)(a)(iii) – Provisions of any development control plan

The proposal generally satisfies the objectives of the Multi Unit Housing DCP except where discussed in this report.

Section 79C(1)(a)(iiia) – Provisions of any Planning Agreement or draft Planning Agreement

Not applicable.

Section 79C(1)(a)(iv) – Provisions of the regulations

The relevant clauses of the Regulations have been satisfied.

Section 79C(1)(b) – The likely impacts of the development, including environmental impacts on the natural and built environment and social and economic impacts in the locality

The environmental impacts of the proposed development on the natural and built environment, which are otherwise not addressed in this report, are discussed in the paragraphs below.

 

The proposed development is consistent with the dominant residential character in the locality. The proposal is not considered to result in detrimental social or economic impacts on the locality.

 

Section 79C(1)(c) – The suitability of the site for the development

The site is located in close proximity to local services and public transport. The site has sufficient area to accommodate the proposed land use and associated structures. Therefore, the site is considered suitable for the proposed development.

Section 79C(1)(d) – Any submissions made in accordance with the EP&A Act or EP&A Regulation

No submissions have been received.

Section 79C(1)(e) – The public interest

The proposal promotes the objectives of the zone and will not result in any significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is considered to be in the public interest.

 

 

Draft Randwick Local Environmental Plan 2012 (Draft LEP)

Draft Randwick Local Environmental Plan 2012 is a matter for consideration in the assessment of the subject development application under Section 79C of the Environmental Planning and Assessment Act 1979 (as amended).

 

The following table considers the proposed development having regard to the zoning provisions and development standards contained in draft LEP that are of relevance to the subject development application:

 

Description

Council Standard

Proposed

Compliance

(Yes/No/NA)

Zoning: R3 Medium Density residential

Is development permitted under zoning?

Development for the purpose of medium density development is permitted in this zone.

The proposal does not alter the use of the existing multi unit housing.

Yes

Floor Space Ratio (Maximum)

0.9:1

0.67:1

Yes

Height of Building (Maximum)

12m

The new garage structure has a height of 3m.

Yes

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

Direction 4a:      Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

That the application to erect a new four car garage within the rear of the property, to provide a new courtyard and balcony to the rear of the building and new fencing and retaining walls to the rear side boundaries be approved.

 

Recommendation

 

A.       That Council supports the objection under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 20E of Randwick Local Environmental Plan 1998, relating to landscaping, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.       That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 885/2011 for the erection of new garages, courtyard, balcony, retaining walls and fencing at 5 Severn Street Maroubra, subject to the following conditions:

 

GENERAL CONDITIONS

The development must be carried out in accordance with the following conditions of consent.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of environmental amenity.

 

Approved Plans & Supporting Documentation

1.       The development must be implemented substantially in accordance with the plans and supporting documentation listed below and endorsed with Council’s approved stamp, except where amended by Council in red and/or by other conditions of this consent:

 

Plan

Drawn by

Dated

A1

MP

16.09.11

A2

MP

16.09.11

A3

MP

16.09.11

 

Amendment of Plans & Documentation

2.       The approved plans and documents must be amended in accordance with the following requirements and details are to be included in the Construction Certificate:

 

a.     A privacy screen having a height of 1.8m above the floor level of the balcony is to be installed to the eastern side of the balcony. The privacy screen must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screen may be provided with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

 

b.     A landscaped plan must be submitted to Council for approval under Sections 80(A)2 of the Environmental Planning and Assessment Act 1979  that significantly enhances the landscaped areas of the site including but not limited to the provision of permeable paving to assist in the infiltration of stormwater and the control of water runoff in the area between the proposed garages and the existing residential flat building. Details are to be provided prior the Construction Certificate being issued.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

The following conditions of consent must be complied with before a ‘Construction Certificate’ is issued by either an Accredited Certifier or Randwick City Council.  All necessary information to demonstrate compliance with the following conditions of consent must be included in the documentation for the construction certificate.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent conditions and to achieve reasonable levels of environmental amenity.

 

Consent Requirements

3.       The requirements and amendments detailed in the ‘General Conditions’ must be complied with and be included in the construction certificate plans and associated documentation.

 

4.       The colours, materials and finishes of the external surfaces to the building are to be compatible with the adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Manager Development Assessments prior to issuing a construction certificate for the development.

 

Section 94A Development Contributions

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $ 150 000, the following applicable monetary levy must be paid to Council: $750.00.

       

The levy must be paid in cash, bank cheque or by credit card prior to a construction certificate being issued for the proposed development.  The development is subject to an index to reflect quarterly variations in the Consumer Price Index (CPI) from the date of Council’s determination to the date of payment.

 

Council’s Section 94A Development Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick or at www.randwick.nsw.gov.au.